There is little question that the Senate's 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.
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.
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.
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.
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.
News: HR guidance on the importance of crafting arbitration agreements designed to be enforceable, and guidelines for building arbitration programs from fair and balanced arbitration agreements.
XpertHR is part of the LexisNexis® Risk Solutions Group portfolio of brands.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.
Copyright © 2021 LexisNexis Risk Solutions Group
© 2021 LexisNexis Risk Solutions Group.