Since the Supreme Court issued its seminal 2018 decision in Epic Systems Corp. v. Lewis, acknowledging that the Federal Arbitration Act (“FAA”) permits the use of arbitration agreements with class action waivers, many employers have implemented arbitration programs for their employees. Those arbitration programs have been aimed, in no small part, at avoiding the class and collective actions that have overwhelmed employers, particularly in California.
In response, California passed AB 51, which prohibits imposing “as a condition of employment, continued employment, or the receipt of any employment-related benefit” the requirement that an individual “waive any right, forum or procedure” available under the California Fair Employment and Housing Act (“FEHA”) and Labor Code.
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Recent Updates
- New York Enacts Amendment to Limit Frequency of Pay Damages for Manual Workers
- DOL Shelves Independent Contractor Rule
- Time Is Money: A Quick Wage and Hour Tip . . . Contractual Indemnification May Not Guard Against FLSA Claims
- California Court of Appeal Holds That Prospective Meal Waivers for Shifts Between Five and Six Hours are Enforceable
- New Jersey Supreme Court Confirms: Commissions Are Wages Under the New Jersey Wage Payment Law