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.
As we wrote here just several days ago, Californians were facing the seemingly unimaginable this week– the possibility of living without ride share services for the foreseeable future.
In short, a state court judge issue a temporary restraining order (“TRO”) requiring ride share companies to treat their drivers as employees in purported compliance with AB 5, California’s controversial new law that only permits workers to be classified as independent contractors in most industries if they satisfy an “ABC” test.
After the same judge refused to stay the TRO during the ...
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Recent Updates
- Demystifying Wage and Hour Audits - One-on-One Video with Courtney McFate
- Minimum Wage Increases Coming Soon Across the Nation – Especially in California
- Time Is Money: A Quick Wage-Hour Tip on . . . Successful Summer Internship Programs
- New York Enacts Amendment to Limit Frequency of Pay Damages for Manual Workers
- DOL Shelves Independent Contractor Rule