The California State Supreme Court recently issued a decision that arbitration agreements with mandatory class action waivers are enforceable within the state. In Iskanian v. CLS Transportation Los Angeles, LLC (decided June 23, 2014), the Court struck its earlier decision in Gentry v. Superior Court. Gentry had found that a class action waiver could “undermine the vindication of [. . .] employees’ unwaivable statutory rights” and thus be unenforceable. The California Supreme Court held in Iskanian that following Concepcion, the Federal Arbitration Act preempted the Gentry rule. The court further adopted the Fifth Circuit’s reasoning in D.H. Horton, rejecting an argument that class waivers are invalid under the National Labor Relations Act. (OnLabor has covered D.H. Horton here and here.) The court did, however, carve out an exception for representative actions brought under California’s Private Attorneys General Act of 2004 (“PAGA”), holding that employers cannot force employees to waive their right to bring representative PAGA actions in any forum. The decision can be found here and more background on the case can be found here.
The Washington Post reports that the National Basketball Players Association, the union for NBA players, has chosen Michele Roberts as their new president. Roberts, formerly of the law firm Skadden, Arps, Slate Meagher and Flom, will become the first woman to head a major sports union.
The L.A. Times reports that unaccompanied immigrant children apprehended at the U.S. border are being rushed to see immigration judges – in some cases, the immigrants are given less than 48 hours to appear in court. Though some argue this time frame is beneficial, other immigrant advocates say the “shortened time frame does not give recently arrived immigrants a fair chance to find a lawyer and build a successful case.”
In international news, the Wall Street Journal reports that Foxconn has confirmed the death of an employee in its Shenzhen, China factory. The employee’s cause of death is still under investigation. The WSJ also reports that South Africa’s biggest metalworkers union has accepted a wage offer to end a month-long strike. Over 200,000 members of the National Union of Metalworkers will receive a 10% salary increase over three years.
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November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers