Labor Days

News and analysis from Kelley Drye’s labor and employment practice

California Employers Forbidden to Require Employees to Agree to Arbitrate Certain Disputes

On October 13, 2019, California Governor Gavin Newsom signed into law Assembly Bill 51 (“AB 51”). In a momentous upheaval of existing law, AB 51 prohibits California employers from requiring employees to agree to…

NLRB: Employers Win When Their Employees Can’t “Opt-In”

In the first post- Epic Systems decision regarding arbitration agreements, the NLRB has underscored just how pro-arbitration courts and regulators have become. In Cordúa Restaurants, the Board put its stamp of…

Not So Fast: Southern District of New York Holds Federal Law Pre-Empts State Sexual Harassment Arbitration Law

As we reported on June 21, New York blew the lid off 30 years of sexual harassment and discrimination law by passing legislation that, among other things, bars mandatory arbitration of all claims of discrimination.…

Going It Alone: The Supreme Court Continues to Limit Class Arbitration for Employees

If you’re waiting for a reversal of the trend at the Supreme Court to limit employers’ ability to insist on arbitration instead of litigation, or of the trend limiting class claims, keep waiting. The Supreme Court…