In a recent case, Correia v. NB Baker Electric, Inc., the California Court of Appeal held that employers cannot require employees to arbitrate their representative claims under the California Private Attorney General Act of 2004 (“PAGA”), Labor Code § 2699 et seq., without the State’s consent.
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Epic Systems
Epic Changes to Epic Systems: House Democrats Seek to Prohibit Class Waivers in Arbitration Agreements
By Cullan E. Jones & Ryan A. Glasgow on
Posted in Class Actions, NLRB
Before the lame duck period of the 115th Congress, Rep. Jerrold Nadler (D-NY) and a group of 58 Democrat co-sponsors, introduced the Restoring Justice for Workers Act (H.R. 7109), which would prohibit employers from requiring employees to sign mandatory arbitration agreements.…
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Class Wide Arbitrations – Who Gets to Decide?
Posted in Class Actions
The United States Supreme Court held this past Term in Epic Systems Corp. v. Lewis that class action waivers in arbitration agreements do not violate the National Labor Relations Act. In the wake of Epic Systems, courts have found that class action waivers are likewise permissible under the FLSA. These cases make clear that class action waivers are here to stay.…
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NLRB Vacates Order in Cordúa Restaurants, Potentially Paving Way for Reshaped Labor Law Post-Epic Systems
By Sara Hamilton, Kurt G. Larkin & Amber M. Rogers on
The National Labor Relations Board (“Board”) has taken the first step to potentially reshape labor law since the May 21, 2018 Epic Systems case, in which the Supreme Court held that class waivers in arbitration agreements do not violate the National Labor Relations Act (“Act”).…
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