The Supreme Court has agreed to review a case that examines whether the FAA preempts a class action case filed by an employee under California's Private Attorneys General Act (PAGA) when the employee is subject to an arbitration agreement.
Former Fox News anchor Gretchen Carlson called the use of mandatory arbitration agreements as a condition of employment "unfair" in a lively session, while SHRM Chief of Staff Emily Dickens wondered instead about improving the arbitration process.
California's prohibition on employers' use of mandatory arbitration agreements has been largely upheld by the 9th Circuit Court of Appeals.
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.
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.
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