Articles Posted in Employment Arbitration

According to a recent news article from CNN Money, workers at a major department store chain have managed to avoid a strike when it seemed like the situation had turned hopeless in terms of reaching a deal with management.

airportBefore we get to the actual dispute in this situation, much of the trouble stems from a shift from people shopping in so-called brick and mortar stores to online shopping with giants such as Amazon.  There is no question that the retail market is changing, and that will mean big changes for the employers and employees at department stores. However, the changes go much further than that, as even the shopping malls that typically house these large anchor stores, as they are often called, are also closing as less people go out to the mall these days. Continue reading

The Washington, D.C. metro transit system operated by Washington Metropolitan Area Transit Authority (WMATA) has been in the news a lot in the past decade, and none of it has been for positive reasons.  We have seen reports of trains crashing and people injured and killed and a train trapped in a smoke-filled tunnel that caused the death of one victim.  We have seen reports of workers injured or killed, and numerous safety violations, as well as a seemingly never-ending barrage of accusations of financial mismanagement.

employment attorneyIn yet another recent news article for the Washington Post, we learn that five fired metro track workers are now suing WMATA on various claims, including discrimination and the creation of a hostile work environment.  These workers had all been employed in the transit systems track inspection department.  Two of these plaintiffs were track walkers and two of them were department supervisors.  The last employee was a maintenance engineer. Continue reading

According to a recent news article from the Silicon Valley Business Journal, a former media executive for tech giant Yahoo has filed an employment lawsuit in federal court claiming that he was wrongfully terminated and discriminated against by the company’s policies put in place by their CEO.

iphone5-300x200Specifically, this employee claims that after he was employed for three years as an editorial director at the company’s California location, he was wrongfully terminated in 2015.  He said his termination was the result of a company-wide employee review policy that was consisted of intentional gender discrimination as well as a desire to save money by reducing the amount of money it spent on employee wages and salaries. After the current CEO was hired, she created a new quarterly review process to evaluate the performance of all key employees and make necessary changes in personnel based upon the result of these reviews.  It was after one of the reviews that the employee who filed this was lawsuit was terminated. Continue reading

While there is a lot of excitement about the St. Louis Rams’ upcoming move to Los Angeles, the team has been worried that the contracts already executed will become subject to California labor law instead of Missouri law, which is where they were located when the contracts were executed, according to a recent news feature from NBC Sports.

business deal 2The obvious reason the team ownership was concerned about which law would apply to the contracts is because California is a lot more progressive than other states, especially those in the Midwest. In other words, when a labor dispute arises, the law in California is likely to be a lot more favorable to to the interests of the employees than to the employer.  Continue reading

Chipotle has been in the headlines a lot recently, mostly because of allegations of hundreds of cases of food poisoning in stores across the country, man of which were shuttered until the source of the contamination was identified and addressed.  While that problem appears to be solved and the company’s sales are beginning to recover, the company is back in the news again because a former employee is suing them over what the plaintiff has called a “sexually-charged atmosphere.”

chicken-burrito-1318465According to a recent news article from NBC 4 Southern California, plaintiff alleges that she and other female employers were subject to frequent sexual harassment at their workplace. One example alleged in her complaint is that her supervisors intentionally ordered a shirt they knew to be too tight.  She said she asked for a larger shirt, but her manager asked her if she needed a larger size because her breasts were too big.   She also alleged they used the store security cameras to watch women they believed were attractive.  Continue reading

On demand employees, also know as “gig workers,” may be able to enter in a collective bargaining agreement, according to a recent news feature from the Los Angeles Times.

typingThese gig workers – so named after musicians’ use of the term “gig,” referring to a scheduled performance – include Lyft and Uber drivers, who operate like on-demand taxi drivers. They’ve been having a lot of trouble based upon the fact that their employer wants to consider them independent contractors entitled to a lot less than statutory employees, because it is a more cost effective model for the company.   It should be noted the California Labor Commission has twice ruled that these drivers are employers and not employees and are entitled to things such as workers’ compensation.   Continue reading

Yahoo has been having trouble for a while now, and that is not much of a secret.  We have already seen a major round of employee layoffs, and, according to a recent news article from the San Francisco Gate, the company is about to make another significant reduction in the number of employees.  This current round of job cuts will mostly be in the magazine division of the company.

typingThis latest round of job losses involves over 300 employees who are currently working at the company’s California location.  The employees were told that their respective last days on the job would be April 18 of this year. Company officials say that cutting their workforce will reduce the overall operating budget, and if they are not able to do that, they will likely not be able to survive. Continue reading

Businesses throughout California were up-in-arms about legislation that would have effectively prohibited employers from requiring signed arbitration agreements as an employment condition. Assembly Bill 465 was passed by the California legislature, despite complaints from employer groups that the bill could be a job killer. Governor Brown, however, vetoed AB 465 and issued a strong veto statement, citing prior California supreme Court decisions related to employee arbitration agreements. business deal 2

A Southern California employment law attorney knows, many clients would prefer to have their day in court when a dispute arises related to their working conditions or the way they were treated on the job. AB 465 was intended to make sure employers couldn’t require workers to give up their right to a trial when a problem arises. Since it did not pass, the status quo remains and employers may continue to make signing an arbitration agreement a condition of employment as long as the agreement meets existing requirements.

Ban on Employment Arbitration Agreements is Vetoed

Unions have been around for a long time, and they have done a lot of good for workers across the country. There was a time when workers had no rights and no benefits, and factory owners would actually have security guards physically harm any workers protesting or participating in a strike. There were even famous cases where security company employees hired by wealthy employers fired upon striking workers.

UnevenHowever, over the years, there have been some incidents involving corruption in unions, and this has helped those who are against unions make a case to workers that unions are no longer necessary. That being said, in many cases, unions are still a very strong tool disgruntled workers can use to fight for better treatment and fair pay. Continue reading

There has been a lot of news lately about Assembly Bill 465 (AB 465). While employees and labor rights organizations are heralding the new law a major improvement in the rights of employees, employers are calling it a “job killer,” according to a recent article by the National Law Review.

balance2AB 465 makes it illegal to force employees to sign mandatory employment arbitration agreements as a condition of employment. The mandatory employment arbitration agreements are supposed to be mutually beneficial and must consider an employee’s rights to due process under the law, but in reality they rarely do. Continue reading