Gerstein, Terri

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More Employers Turn to Arbitration to Handle Job Claims

December 6, 2018

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...

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BuzzFeed Is Ending Forced Arbitration Policy For Sexual Harassment Claims Following Inquiries

November 20, 2018

Davey Alba
BuzzFeed News 

BuzzFeed will end its requirement of mandatory arbitration for sexual harassment and sexual assault claims — a policy that prevents workers from airing their grievances in open court — after BuzzFeed News raised questions about the company’s policy as part of a larger investigation into the practice in the tech industry.

Forced arbitration policies “can be both standard [in workplaces] and wrong at...

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Tech companies like Google are giving workers the right to take sexual harassment claims to court — but employees are calling for more

November 19, 2018

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.”

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Accenture Workers Petition to End $297 Million Border Patrol Contract

November 15, 2018

By Josh Eidelson
Bloomberg

Accenture employees are circulating a petition urging the company to cancel its contract to help the Trump administration recruit border patrol agents, the latest in a wave of recent technology-fueled protests by white-collar workers challenging potential collaboration with law enforcement.

“You’re seeing people taking collective action – not just for themselves, in relation to their own salary or hours or benefits, but they’re showing real solidarity,” said Harvard Law School fellow Terri Gerstein, former head of the New York attorney general’s labor bureau.

“They’re defining their working conditions to include what their work is ultimately used for,” she said. “People don’t want to just be a cog in something that they think is deeply wrong.”... Read more about Accenture Workers Petition to End $297 Million Border Patrol Contract

End Forced Arbitration for Sexual Harassment. Then Do More.

End Forced Arbitration for Sexual Harassment. Then Do More.

November 14, 2018

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. 

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State and Local Enforcement: Stepping Up and Filling In on Workers’ Rights

October 25, 2018

by Sharon Block
OnLabor.org

Harvard Law School’s Labor and Worklife Program has launched the Project on State and Local Enforcement. The Project will partner with enforcement agencies, lawmakers, worker advocates, and others to fill a critical need in examining and strengthening innovative state and local actions and initiatives.  Specifically, the project will:... Read more about State and Local Enforcement: Stepping Up and Filling In on Workers’ Rights

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Ending the Dead-End-Job Trap

July 12, 2018

By Terri Gerstein and Sharon Block
NY Times Op Ed

It’s the American dream: We’re supposed to improve ourselves, get a better job, move on and up. But in too many instances, secret agreements between employers are stifling workers’ ability to parlay their hard work and experience into better-paying jobs and a chance to climb the career ladder.

On Thursday, the attorney general of Washington State, Bob Ferguson, announced that he had obtained agreements from seven fast-food chains, including Arby’s, Carl’s Jr. and McDonald’s, not to use or enforce “no poach” or “no hire” agreements. Under these arrangements, franchisees pledge not to hire job applicants who are current or recent employees of the company or any of its franchisees, without the approval of the applicants’ employers.... Read more about Ending the Dead-End-Job Trap

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Knight: Workers’ ‘day in court’ axed in Court’s arbitration ruling

June 9, 2018

By Bill Knight / Opinion columnist
Pekin Daily Times

 

A U.S. Supreme Court majority on May 21 unleashed employers to run roughshod over labor law, ruling 5-4 that employers can prohibit their workers from banding together in disputes over pay and other workplace disputes. The Court’s five-justice conservative bloc said employers may require employees, as a condition of employment, to give up any joint legal remedy despite of the guarantee of New Deal laws stating that workers have a right to unionize or “engage in other concerted activities for the purposes...

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Supreme Court Deals a Blow to Workers

May 21, 2018

By Terri Gerstein and Sharon Block
New York Times Opinion

Federal labor law protects the right of workers to join together to improve their conditions, whether through a union or other means. But the court has now carved out a big exception to that longstanding principle. In a 5-4 decision on Monday, the court said that companies can use arbitration clauses in employment contracts to bar workers from joining forces in legal actions over problems in the workplace. In other words, workers who are underpaid, harassed or discriminated against will have to press their cases alone in arbitration, rather than with their colleagues in a class-action case, or even with their own lawsuit.