Arbitration agreement isn’t specific? Court–not arbitrator–decides on class-actions — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Arbitration agreement isn’t specific? Court–not arbitrator–decides on class-actions

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in Employment Law,Human Resources

In a series of decisions in the past two months, California appellate courts have tried to clarify the ins and outs of arbitration, giving em­­ployers possible guidance on whether to institute, revise or eliminate arbitration agreements as part of their employment practices.

The latest case settled an outstanding question about class-action arbitrations: Does a judge or an arbitrator get to decide whether arbitration should cover just one individual’s claims or an entire class’ claims when the agreement itself is silent on group claims?

Recent case: Alicia went to work for Garden Fresh in Cali­­fornia in 2006. She signed two arbitration agreements with the company while employed. Then she filed a lawsuit on behalf of herself and other similarly situated employees, She alleged that the company had failed to pay overtime, failed to provide accurate itemized wage statements and failed to pay wages when they were due.

She also b...(register to read more)

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