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Employment and Labor Law Bulletin
October 2003
By Louis A. Cappadona
To: Our Employment and Labor Law Clients and Friends
From: Lou Cappadona and Jon Light
Re: Update on two employment law matters
Arbitration Agreements Upheld to Resolve Employment Disputes
We have prepared arbitration agreements for many of you and thousands of employees have signed them. There has been a succession of judicial challenges to the arbitration agreements, primarily by trial lawyers who prefer taking employment related cases to jury trials. Recently the U.S. Court of Appeals for the Ninth Circuit (which includes California) ruled in favor of arbitration for federal discrimination claims, bringing that court into line with the California and U.S. Supreme Courts. On the legislative front, there has been a succession of bills introduced in the California legislature to prohibit employers from requiring employees to sign arbitration agreements as a condition of employment. The most recent bill, AB-1715, was passed by the state assembly and senate earlier this year. Governor Davis, in a rare win for employers, vetoed it, describing it as bad for business.
Employers must still insure that their arbitration agreements satisfy the requirements of fairness and due process for employees. Note also that the rules may be different for applicants versus existing employees. Our master arbitration agreement complies with all current legal requirements. If you do not have an arbitration agreement or have not updated your arbitration agreement recently, please contact one of us for further information.
New Cal/OSHA Employment Posters.
Because of changes to the Cal/OSHA law, there have been changes made to the poster that employers are required to post in the workplace. If you require assistance in obtaining a new poster, please contact one of us. We can assist you in obtaining a laminated poster that contains all of the required notices, including the updated Cal/OSHA poster.
Very truly yours,
The Employment and Labor Law Group
of
NORDMAN CORMANY HAIR & COMPTON LLP