Yesterday a federal court in Texas partially enjoined enforcement of what is known as the “blacklisting” rule. The injunction comes one day before reporting was to begin under the Fair Pay and Safe Workplaces Executive Order, 13673.
The “blacklisting” order would have required prime contractors, as part of federal contract bidding that occurs after October 25, 2016, to report to the federal government all violations of fourteen labor and employment laws during the preceding year, via a public website. The government would have the option to reject a contract bidder based on the violations disclosed. The order also would have imposed restrictions on pre-dispute arbitration agreements for civil rights and sexual assault claims, effective today.
Continue Reading Last Minute Injunction Stops “Blacklisting” Order

In Bodine v. Cook’s Pest Control Inc., No. 15-13233, 2016 WL 4056031 (11th Cir. July 29, 2016), the Eleventh Circuit held that a forced-arbitration agreement in an employment contract is enforceable, despite the fact that certain provisions of the arbitration agreement violated the Uniform Services Employment and Reemployment Rights Act (“USERRA”).
Continue Reading Eleventh Circuit: Arbitration Agreement Enforceable Despite Terms that Violate USERRA

The Ninth Circuit ruled on Monday, September 28, that California Private Attorney General Act claims cannot be waived in employment arbitration agreements, following the rule announced by the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014).
Continue Reading Ninth Circuit holds PAGA Waiver Provisions are Unenforceable

For many employers and employees, arbitration is a quicker and less costly means of resolving employment-related disputes. As a result, it has become standard practice for many employers to require as a condition of employment that employees agree to arbitrate employment-related claims. Mandatory arbitration clauses are routinely found in employment agreements or given to employees as separate employment policies at the time of hire or during their employment.

Continue Reading California Legislators Move Forward on a Bill Prohibiting Binding Arbitration as a Condition of Employment

On June 23, 2014, the California Supreme Court announced a landmark ruling that arbitration agreements with mandatory class waivers are generally enforceable while carving out one notable exception.  That exception consists of representative claims brought under the Private Attorneys General Act (PAGA) which is unique to California.


Continue Reading California Supreme Court Ruling in Iskanian v. CLS Transportation: Class Waivers Revisited

EMPLOYMENT DECISIONS

Vance v. Ball State University: Narrow Definition of Supervisor in Harassment Suits
In Vance, the Supreme Court announced a narrow standard for determining which employees constitute “supervisors” for purposes of establishing vicarious liability under Title VII. In a 5-4 decision, the Court decided that a supervisor is a person authorized to take “tangible

On June 4, 2012, the California Court of Appeal held that class-action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (“FAA”).  In Iskanian v. CLS Transportation Los Angeles LLC, the appeal court affirmed an order to compel arbitration of wage-and-hour claims in light of the 2011 United States Supreme Court case AT&T Mobility LLC v. Concepcion.  As a result, Iskanian provides employers with the necessary ammunition to argue for the enforceability of employment contract provisions providing for arbitration of claims and waiver of class-action lawsuits.


Continue Reading Class Action Waivers In Employment Arbitration Agreements Found Enforceable By California Court Of Appeal