Luxottica that PAGA waivers contained in forced arbitration agreements are unenforceable under California law
Retailers Refuse To Submit To Arbitration These non-signatory retailers strongly object to the “ binding, contractual nature ” of the Safety Accord, including its arbitration provision
First, the brief points out that the provisions of the forced arbitration clauses at issue related to the sharing of fees and costs would make arbitration prohibitively expensive for the drivers, thus preventing them from effectively vindicating their rights under federal law. Second, the brief argues that the forced arbitration provisions are both procedurally and substantively unconscionable under California law, and cannot be saved through the inclusion of an opt-out mechanism that few drivers would understand and most would be unlikely to utilize. Third, the brief identifies the serious problems that would arise if the court adopted the defendants’ proposed rule regarding the severability of unlawful terms in arbitration agreements. Under such a rule, employers would have little incentive to refrain from including unconscionable terms in arbitration agreements, knowing that courts would merely sever the offending terms and enforce the arbitration agreement anyway
Mohamed v Uber_NELA Amicus_9th Cir_FINAL.pdf
NELA's Statement On The The Oakland Raiders’ Motion To Compel Arbitration In Lacy T. v
On Wednesday, August 8, 2012, NELA and The Institute partnered with a group of public interest organizations and law firms to present “Forced Arbitration: Where Workers Stand Today.”
The Consumer Financial Protection Bureau (CFPB) launched a public inquiry into how consumers and financial services companies are affected by arbitration and arbitration clauses. Via the Dodd-Frank Act, Congress required the CFPB to study the use of pre-dispute arbitration clauses in consumer financial markets and conferred the Bureau the power to issue regulations for the protection of consumers consistent with the study. Based on our expertise in the area of forced arbitration clauses in employment agreements, NELA provided suggestions for the appropriate scope and sources of data for the Bureau’s study as well as its report to Congress
NELA Comments CFPB Arbitration Agreements_Final_06 16 2012.pdf
On March 15, 2017, Senator Richard Blumenthal (D-CT) introduced the Mandatory Arbitration Transparency Act of 2017 (MATA, S. 647 )
These employers require employees to accept forced arbitration policies as a condition of getting or keeping their jobs
Proponents of the bans argue that because they are contained in the employers’ forced arbitration clause, the Federal Arbitration Act (FAA) requires courts to enforce the bans.
The Oakland Raiders’ motion to compel arbitration in the case Lacy T. v...General Mills, in early April, quietly adopted a broad policy to require consumers to resolve any disputes with the company through forced arbitration on an individual basis
1 Comment - She identified, and focused attention on forced arbitration by General Foods embedded in a educational coupon offer,and got coverage, allies and reversal!!! This can be cited in all our advocacy to end forced arbitration. Great work Julie
Horton presents a “tremendous opportunity” for workers to resist forced arbitration agreements that prevent class, collective, joint, or representative actions
In this case, where the plaintiffs are seeking only a public injunction to prohibit the defendant from continuing to break state law, a panel of the Ninth Circuit held that an arbitration clause must be enforced even when it would have the effect of preventing consumers from pursuing their rights under a state consumer protection statute. The panel held that while the Federal Arbitration Act (FAA) would block the enforcement of an arbitration clause that strips individuals of federal statutory rights, state statutory rights can be swept away by any form contract
NELA Amicus_final_04 02 12.pdf
For one thing, such a finding does not treat an arbitration agreement less favorably than any other contract that conflicts with federal law
Horton required each new and current employee to sign an arbitration agreement covering all workplace-related claims and containing a class and collective action ban
NELA_Amici Curiae Brief_filed 7 27 11.pdf
Court of Appeals for the Second Circuit to affirm the district court’s refusal to enforce an arbitration agreement containing a class action ban in an employment discrimination case involving Title VII pattern-or-practice discrimination claims
Court of Appeals for the Second Circuit to affirm the district court’s rejection of a collective action ban in an arbitration agreement. In this case, Judge Kimba Wood of the Southern District of New York held that Ernst & Young’s prohibition of class and collective actions precludes employees from effectively vindicating their statutory rights under the Fair Labor Standards Act (FLSA)
NELAAmicus_Sutherland v Ernst & Young_05 18 12.pdf
Court of Appeals for the Second Circuit to affirm the district court’s rejection of a collective action ban in an arbitration agreement. In Sutherland v
#LegislativePublicPolicy #AFA #NewsRelease #ForcedArbitration
NELA AFA Press Statement Senate Hearing_ Final_10 13 2011.pdf
We will discuss the primary Lobby Day issues, the Civil Justice Tax Fairness Act, the Arbitration Fairness Act, and judicial nominations, and address the tough questions you might receive from Members of Congress
4_9 Lobby Day Issues Training.mp3
Court of Appeals for the Second Circuit to affirm the district court’s refusal to enforce an arbitration agreement containing a class action ban in an employment discrimination case involving Title VII pattern-or-practice discrimination claims. Amici agree with the district court’s holding that pattern-or-practice claims are distinct from individual disparate treatment claims and that arbitration agreements therefore are unenforceable if they preclude plaintiffs from vindicating pattern-or-practice claims
Parisi v Goldman Sachs_NELAAmiciCuriaeBrief_Final_070212.pdf
Supreme Court on Wednesday, August 16, 2017, in support of the National Labor Relations Board and employees in three consolidated cases addressing the validity of class, collective, and joint action bans in forced arbitration clauses in employment agreements
Forced Arbitration Joint Action Ban Cases_NELA NELP Union Amicus Brief_US SC_Filed 081617.pdf