Labor and Employment Law Blog

Claims of Sexual Misconduct Can No Longer Be Forced Into Mandatory Arbitration

The majority of U.S. employers have elected to adopt the use of mandatory arbitration agreements, requiring that all employment-related claims be arbitrated and not litigated.  Pursuant to a series of landmark United States Supreme Court decisions, such mandatory arbitration agreements are permissible and enforceable under the Federal Arbitration Act.  Most such agreements contain class action […]

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Of Counsel

Transportation Workers Get a Green Light to Ignore Arbitration Agreements for Wage Claims

The California Court of Appeal in Nieto v Fresno Beverage Company took the position that a driver who delivered beverages solely within the state of California was nonetheless a “transportation worker” who was exempt from the Federal Arbitration Act (“FAA”) provisions that encourage a policy favoring arbitration. The court embraced the reasoning that “intrastate delivery […]

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CJ

California Legislature Takes A Strong Stance in Response to #Metoo Movement

The California legislature is looking to pass a host of bills aimed at decreasing sexual harassment in the workplace and increasing rights of victims of sexual harassment: SB 820 bans confidential settlement agreements in cases involving sexual assault, sexual harassment or sex discrimination. This bill would make any such confidential settlement agreement void as a […]

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