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What Justice Barrett's Supreme Court Confirmation Means for Employers

Date:: October 26, 2020

There is little question that the Senate's vote 52-48 vote Monday night to confirm Amy Coney Barrett to fill the seat of the late Justice Ruth Bader Ginsburg will have a big impact on employers and employees.

EEOC, WHD FY 2020 Enforcement Numbers Fall

Date:: October 22, 2020

After several years of increases, the number of enforcement actions and investigations by the EEOC and the Wage and Hour Division decreased in FY 2020.

Employment Law Class Action Lawsuits Certified at Record Rate in 2019

Date:: January 22, 2020

Employment law class actions, especially in wage and hour cases, were certified at a record rate in 2019 according to a report that tracks and analyzes class action litigation data.

California Bans Most Mandatory Arbitration Agreements

Date:: October 18, 2019

Effective January 1, 2020, California employers will not be able to make use of mandatory arbitration agreements as a condition of employment. But a legal challenge is almost certain to the new law.

Private Attorney General Act Does Not Reach to Unpaid Wages, California Supreme Court Rules

Date:: September 17, 2019

The California Supreme Court has ruled that employees may not recover claims for unpaid wages under the Private Attorneys General Act (PAGA) in any forum.

Employers May Demand Arbitration Agreements in Response to Collective Actions, NLRB Rules

Date:: August 20, 2019

Federal labor law does not prohibit employers from promulgating mandatory arbitration agreements in response to employees opting in to a collective action under wage and hour laws, the National Labor Relations Board ruled in Cordúa Restaurants.

Supreme Court Strikes Down Classwide Employment Arbitration Claim

Date:: April 29, 2019

The Supreme Court has ruled 5-4 that employees may not compel their employer to face classwide arbitration when an agreement is ambiguous as to whether the parties agreed to submit to class arbitration.

New Jersey Bars Mandatory Arbitration, Limits Nondisclosure Agreements

Date:: March 27, 2019

A broad New Jersey law now prohibits mandatory arbitration of all employment discrimination, harassment and retaliation claims, and also significantly restricts employers from using nondisclosure agreements as part of a settlement.

Google Drops Mandatory Arbitration Requirement for All Employees

Date:: February 28, 2019

Google has announced it will soon end its practice of requiring employees to resolve employment disputes through arbitration as a condition of employment.

Rare Win for Workers in Supreme Court Arbitration Case

Date:: January 15, 2019

The Supreme Court has handed a rare victory to workers in a case involving a mandatory arbitration provision, ruling unanimously that a court's authority to compel arbitration under the Federal Arbitration Act does not extend to all private employment contracts.

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