Massachusetts Atorney General Maura Healey held a press conference at the State House to highlight the LWP report  “Confronting Misclassification and Payroll Fraud,” by Mark Erlich and Terri Gerstein. The report details the increasing role of state agencies in enforcing misclassification laws and providing worker protections, crucial in an era of lax federal enforcement. 

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By Jaclyn Diaz
Bloomber Law

Many major employers, including other tech companies that have done away with mandatory clauses on harassment, maintain arbitration agreements for most wage-and-hour and discrimination claims. The use of arbitration clauses to handle employment claims is becoming more prevalent in the workplace, sources told Bloomberg Law.

Plaintiffs’ attorneys and worker advocates are hoping employers will end the practice for all employment claims, saying it’s especially harmful for low-wage workers.

Arbitration clauses...

Employees and labor activists say they want to see an end to forced arbitration in all cases — not just for sexual harassment — and for all workers.
By Shirin Ghaffary and Rani Molla 
Recode.net

Amid increasing public scrutiny, many major tech companies are reconsidering a practice that bars workers from taking their employer to court over workplace issues such as sexual harassment.

In the past two weeks alone, Google, Facebook, Airbnb, eBay and Square all announced they’d end forced arbitration for cases of sexual harassment. Forced arbitration is an agreement that requires employees to settle disputes in-house rather than in the courts,

The announcement is good news for tech employees because arbitration generally works in favor of employers and tends to involve lower payouts than traditional court cases.

“I’m glad sexual harassment is getting that visibility,” Terri Gerstein, director of the state and local enforcement project at Harvard Law School Labor and Worklife Program, told Recode. “I want other workplace abuses to get this visibility, too.”

By Terri Gerstein
NY Times Opinion

In the end, the most compelling reason for a company to foist arbitration on its work force is to avoid liability and public exposure that might result from a court case. But if a company wants to avoid liability, blocking workers from court isn’t the best way to do that. The answer is to create a fair and lawful workplace, the best possible workplace, for everyone who contributes to a company’s success and to give workers a voice.