Employers, dust-off your arbitration agreements and take a second look at the signature line. Is it signed by both parties? Did the employer representative sign on behalf of the correct corporate entity? If the answer to either of these questions is “no,” then the arbitration agreement may be unenforceable.Read More
Polsinelli at Work | Labor & Employment Blog
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Recently, the Equal Employment Opportunity Commission (“EEOC”) has focused on filing lawsuits relating to an employer’s obligations under the Americans with Disabilities Act (“ADA”) when using pre-employment medical exams. During the month of September, the EEOC filed suit against Huntington Ingalls Industries in the U.S. District Court for the Eastern District of Virginia,* and against Consolidated Edison Company of New York, Inc. in the U.S. District Court for the Southern District of New York.**Read More
On October 2, 2017, the United States Supreme Court heard oral argument in Epic Systems v. Lewis, which considers the import of the National Labor Relations Act (NLRA) on the enforceability of class action waivers under the Federal Arbitration Act (FAA). According to some estimates, approximately 25 million employees are covered by arbitration agreements that prohibit class actions or other joint proceedings. Thus, the Supreme Court’s decision is likely to have a significant impact on employment and labor relations throughout the country.Read More
On August 15, 2017, the Ninth Circuit Court of Appeals, in Robins v. Spokeo, Inc., Case No. 11-56843, reversed the district court dismissal of an action, holding that the plaintiff had sufficiently alleged a “concrete injury” to maintain a Fair Credit Reporting Act (FCRA) claim against a consumer reporting agency that had published false information about, among other things, his employment history.Read More
On August 2, 2017, the California Court of Appeal issued a decision clarifying the arbitrability of claims under the Private Attorney General Act (PAGA), finding that those seeking “victim-specific” relief can be subject to mandatory arbitration. The California Supreme Court established in Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal.4th 348 (2014) that PAGA representative actions seeking civil penalties are not subject to mandatory arbitration (the so-called “Iskanian rule”). Since Iskanian, many assumed that all PAGA claims are exempt from mandatory arbitration.Read More