Enforcement Project

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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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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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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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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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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

Massachusetts Attorney General cites construction company 800K for illegal pay deductions.

The Massachusetts Attorney General’s Office cited a construction company for over $800K because of illegal deductions from workers’ pay. In its investigation of the case, the AG’s office learned that managers regularly took illegal deductions from employees’ weekly wages for tools, safety equipment, discipline, advances, and other purposes. The case referred to the AG’s office by the New England Regional Council of Carpenters.... Read more about Massachusetts Attorney General cites construction company 800K for illegal pay deductions.

LA County DA charges construction company with workers’ compensation fraud and underpayment of wages

The Los Angeles County District Attorney’s Office charged the owners of a construction company with fraud resulting in at least $6M of losses to the State Compensation Insurance fund and with underpaying employees. The owners allegedly committed the following infractions: submitting altered payroll records in order to pay a lower workers’ compensation premium; making false and fraudulent...

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California’s Attorney General submitted comments to the U.S. Transportation Department defending state meal and rest break laws

California Attorney General Xavier Becerra submitted comments to the U.S. Department of Transportation addressing a petition filed by the American Trucking Association regarding guaranteed meal and rest breaks for California workers. The comments urged the Federal Motor Carrier Safety Administration to deny the association’s petition, which claims that California labor protections for truck drivers are preempted by federal law.

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