We recently reported that the Senate passed a #MeToo bill that banned the use of mandatory arbitration agreements for sexual harassment and sexual assault claims. This bill was signed into law by President Biden on March 3, 2022. On March 17, 2022, the House took it a step further and voted 222-209 to pass the Forced Arbitration Injustice Repeal Act (H.R. 963).
Continue Reading House passes bill banning mandatory arbitration agreements
Arbitration
NLRB shift on two important issues for union companies
By Porter Wright on
Continuing a trend towards reversal of case precedent, the NLRB has issued two decisions important to companies with union contracts. In Valley Hospital Medical Center, the Board considered whether an employer has the right to stop making dues deductions from employee paychecks after a collective bargaining agreement with the union expires. Dues deductions in collective bargaining agreements are common. Unions bargain aggressively for them because these provisions require the employer to automatically deduct union dues from employee paychecks and submit them directly to the union.
Continue Reading NLRB shift on two important issues for union companies
Your DoorDash arbitration is about to arrive
By Teresa Snider & Porter Wright on
Employers—it’s time to check your arbitration and class-action waiver provisions. The United States District Court for the Northern District of California recently granted DoorDash drivers’ motion to compel arbitration, which may ultimately cost DoorDash nearly $12 million in American Arbitration Association (AAA) filing fees.
When a driver signs up to deliver through DoorDash, they click through and electronically sign an employment agreement containing a “Mutual Arbitration Provision” and a class-action waiver. Like many other employers with similar contracts, DoorDash’s employment agreement requires all disputes to be arbitrated by, and pursuant to, AAA rules. One of those rules requires individuals to pay a $300 filing fee and responding companies to pay a $1,900 filing fee. For years, employers have used these arbitration provisions to individually arbitrate disputes as well as avoid class-action lawsuits and courtroom litigation.Continue Reading Your DoorDash arbitration is about to arrive