How far does the Federal Arbitration Act's policy favoring arbitration go? Given the recent personnel changes on our highest court, the newest U.S. Supreme Court decisions on arbitration of employment disputes, Southwest Airlines Co. v. Saxon and Morgan v. Sundance Inc., shed light on the future of employment arbitration.
Nantiya Ruan, director of the University of Denver’s workplace law program and a part-time attorney at Outten & Golden, where she represents employees in class action cases, said that labor and employment and labor law has always intersected with public health, the study of population-level health. However, Ruan explained, public health’s impact on employment law was never at the scale currently seen. “That really changed the whole frame of reference for how public health can affect workplace law and workplace rights.”
Outten & Golden partner Ossai Miazad recently settled a hiring discrimination case against The Procter & Gamble Company (P&G) on behalf of David Rodriguez, a DACA recipient who applied for an internship at P&G, and others similarly situated to him. The case sought to address P&G’s policy and practice of screening out internship and entry-level applicants who are non-United States citizens unless they held a long-term work authorization.
The case was filed as a putative class action in federal district court in...
Outten & Golden LLP, By Tammy Marzigliano, Pawanpreet Dhaliwal, and Brittany Arnold
Daryl Woodruff was an interim superintendent and contender for a leadership position at PG&E. He was fired for fabricated performance issues after he spoke his conscience twice. First, he stood up for himself and his colleagues by complaining of race discrimination to the company’s human resources department. Second, he reported his good faith belief that other PG&E leaders had failed to inspect defective, potentially explosive electrical transformers and lied about it,...
The U.S. Supreme Court's Tuesday ruling that transportation workers, regardless of whether they're employees or independent contractors, are exempt from the Federal Arbitration Act chipped at the shield some employers have long relied on to insulate themselves from legal attacks, experts say.
Me Too just got dealt a major blow by the Supreme Court.
On Monday, in an opinion written by Trump appointee Neil Gorsuch, the court ruled 5-4 that it is legal for employers to require workers to sign away their right to file class-action lawsuits against the employer ― and instead be forced to take their disputes to individual arbitration, a private court system in which companies typically have the upper hand.
For many women, the ruling means they will no longer be able to band together to fight systemic sexual discrimination or harassment in court. Women’s rights advocates...
Outten & Golden LLP Employment Law Blog—Nicholas Sikon
The U.S. Supreme Court's decision this week in Digital Realty Trust, Inc. v. Somers shrinks Dodd-Frank's protections against workplace retaliation for corporate whistleblowers.
The once robust statute now leaves a gaping hole for those employees in the private sector who report securities related violations to their employer. Now, after the Supreme Court's ruling, employees are required to report directly to the Securities and Exchange Commission in order to avail themselves of legal protection under the statute - internal reporting is no longer enough.