Working for Justice

Tag: Arbitration Agreements

My Employer Has Wronged Me, But I May Be Subject to an “Arbitration Agreement.” Can I Still Get Justice?

Posted June 14th, 2019 by in Civil Litigation.

More and more, employers are forcing workers to give up their constitutional rights to seek justice in our nation’s courts. Instead of seeing their day in court, workers may be sidelined into “arbitration.” This means a private individual or “arbitrator” can decide a civil litigation case outside of court, without a judge or jury. Arbitration […]

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Differences Between Court, Mediation, and Arbitration, or Why I opt out of Arbitration Agreements

Posted July 20th, 2018 by in Civil Litigation.

In the landmark civil rights decision Brown v. Board of Education, the court ruled that racial segregation in the public schools was unconstitutional. But if the Plaintiffs in Brown had been subject to an arbitration agreement with their schools, public schools might still be segregated today. Today women do not have to tolerate hostile conduct […]

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Employee Class Actions: Will the Supreme Court Cut Out the “[H]eart of the New Deal”?

Any day now, the Supreme Court will issue its decision in Epic Systems Corp. v. Lewis,[1] a case that will determine whether employers can force employees to resolve legal claims through individual arbitration, without recourse to class or collective proceedings. Section 7 of the National Labor Relations Act would seem to prohibit such arbitration clauses. […]

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Can I Bring Qui Tam Claims in Court Even Though my Employment Contract Contained a Binding Arbitration Clause? The Ninth Circuit Says “Yes.”

Posted November 7th, 2017 by in Whistleblower Law.

When a private party brings an action under the False Claims Act, he or she sues not “only for himself but the king” in what is known as a qui tam law suit. The private plaintiff is called the relator. United States ex rel. Eisenstein v. City of New York, 556 U.S. 928, 932 (2009). […]

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Q&A with Laura Flegel

Posted January 20th, 2016 by in Employment Discrimination.

The National Employment Lawyers Association, or NELA, does a ton of great work advocating for workplace rights.  One of my first interviews for this blog was with Roberta Steele, Program Director at the organization, about how forced arbitration prevents American workers from enforcing their rights.  As the Legislative & Public Policy Director for NELA, Laura […]

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Turn on, Tune In, Opt Out: How Workers Can Resist Unfair Arbitration Agreements

Posted December 4th, 2015 by in Class Actions and Collective Actions.

Arbitration agreements are quickly becoming employers’ best and most common defense against class action lawsuits by their employees. As discussed in the recent New York Times article “Arbitration Everywhere, Stacking the Deck of Justice,” in addition to depriving employees of the opportunity to have their claims heard in court, arbitration agreements often waive employees’ right to […]

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Forced Arbitration Q&A with Roberta Steele

Posted October 10th, 2014 by in Class Actions and Collective Actions.

As I’ve noted previously on this blog, it is important for workers to understand how forced arbitration—a seemingly innocuous procedural issue—undermines their civil rights. Earlier this week I talked with Roberta Steele, Program Director at the National Employment Lawyers Association.  Roberta’s work focuses on issues that prevent workers from having full and equal access to […]

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President Obama Clears Workers’ Path to the Courthouse

Posted August 6th, 2014 by in Wages and Overtime Law.

Thanks to an executive order signed by President Obama last week, employees who have suffered discrimination, harassment or sexual assault at work may have an easier time getting their day in court. Signed on July 31, the “Fair Pay and Safe Workplaces Executive Order” forbids companies who contract with the federal government from requiring their […]

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Forced Arbitration: Overriding Civil Rights

Posted July 4th, 2014 by in Employment Discrimination.

A few days ago, when Kate K wrote about Hobby Lobby, she also mentioned forced arbitration.  This is a cause I’m particularly passionate about.  My focus comes from seeing so many of my clients forced to make an impossible decision.  Whatever those that support forced arbitration may like to pretend, employees do not have equal bargaining power with their […]

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