Employers

Op-Ed: Class Wage-And-Hour Litigation Is an Ongoing Threat

Employers face countless labor and employment challenges every day. Wage-and-hour compliance issues are near the top of that list because employers have experienced an increase in the number of class- and collective-action lawsuits filed against them, and that trend is likely to continue. Understanding the dynamics of class and collective actions and what …


US Appeals Court Rules Against EY’s Use of Class Action Wavers

The 9th U.S. Circuit Court of Appeals in San Francisco ruled 2-1 against EY, making it the second appellate court to support the NLRB’s position that federal labor law prohibits workers’ arbitration agreements from including class action waivers. On the other hand, two appellate courts have rejected the NLRB’s view, making it likely that the U.S. Supreme Court will …




Can Employers Enforce Class-Action Waivers in Arbitration Agreements?

Courts have generally enforced arbitration agreements if they allow employees to exercise their rights and aren’t too one-sided in favor of the employer. However, conflicting decisions by federal appeals courts have left employers uncertain as to whether they can require employees to sign class-action waivers as part of …


California Protects Pay by Gender, Is Race Next?

Just as California businesses begin to implement a law requiring equal pay for workers regardless of their gender, already the toughest of its kind in the nation, a state lawmaker is seeking to expand it to protect employees from racial discrimination. The proposal by Sen. Isadore Hall would build on California’s existing fair pay law by adding “race or ethnicity” to …


California Employers Push Back Over Health Care Arbitration Agreements

Chad Terune, Kaiser Health News Sutter Health, long accused of abusing its market power in California, is squaring off against major U.S. employers in a closely watched legal fight over health care competition and high prices. The latest fight has erupted over Sutter’s demand that employers sign an arbitration agreement to resolve disputes. Without it, Sutter says employers must pay sharply …


#Nextchat: The Challenges of Employee Classification

The gig economy, also known as the 1099 economy, is the workforce trend in which organizations such as Uber, Airbnb and TaskRabbit, contract with independent workers through digital apps to perform temporary assignments. While workers have the ability to determine their own schedules, settings and conditions, they are also caught up in the quandary over several issues, including whether or not …