Employee Rights Briefing
March 2018
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NELA Institute Interim Executive Director Terry O’Neill Highlights Connection Between Sexual Harassment And Forced Arbitration
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In a Law360.com Op-Ed published on February 20 entitled, “
Success For #MeToo Means Reopening The Courthouse Doors,” NELA Institute Executive Director Terry O’Neill explained why the goal of ending sexual harassment at work necessitates ending forced arbitration in the American workplace.
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NELA Institute Board Member Imre Szalai Champions Ending Forced Arbitration In Employment Contracts
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The
NLRB issued 20 new advice memos on a variety of topics including “paid time off” deductions for striking workers, employer-promulgated social media policies that violate the National Labor Relations Act, and whether the Trump Campaign unlawfully required employees to sign mandatory arbitration and non-disclosure clauses.
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Workers Rights By The Numbers
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The total number of major work stoppages involving 1,000 or more strikers in the year 2017. (
Bloomberg
)
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The percentage of prime working-age women who did not work in the year 2016.
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The number of public comments submitted to the Department of Labor, mostly in opposition to a proposed rule that would allow employers to control the distribution of tips earned by workers. (
Federal Register
)
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On February 23, in
Muro v. Cornerstone Staffing Solutions, Inc., the California Court of Appeals affirmed a lower court decision finding that an arbitration clause containing a class waiver inserted into a contract governing a truck driver’s employment was unenforceable under the Federal Arbitration Act and California law.
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An
en banc panel of the U.S. Court of Appeals for the Second Circuit, on February 26, held in
Zarda v. Altitude Express, Inc. that discrimination based on sexual orientation constitutes sex discrimination, and therefore violates Title VII of the Civil Rights Act.
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The U.S. Supreme Court recently granted
certiorari
in
New Prime v. Oliveira
, a case concerning the interpretation of delegation provisions in arbitration clauses involving transportation workers, and addressing whether the Federal Arbitration Act applies to transportation workers who are classified by an employer as independent contractors, not employees.
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The
Employee Rights Briefing is a monthly newsletter designed to help keep you up-to-date on breaking news and emerging trends impacting America's workers. From the growth of forced arbitration of employment disputes, to employee misclassification, to stories of wage theft and workplace discrimination, the
Employee Rights Briefing reports on employment law and policy developments from the federal government to state legislatures to the courtroom and everywhere in between. Our goal is to provide you with a digestible snapshot of the events shaping employment law and policy, so that you can be kept abreast of the most important issues facing today's workers.
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The Employee Rights Advocacy Institute For Law & Policy
2201 Broadway, Suite 310 | Oakland, CA | 94612
(415) 296-7629 | info@employeerightsadvocacy.org
www.employeerightsadvocacy.org
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