Forced arbitration is a practice that has become increasingly common for employers. In 2018, the Supreme Court ruled that employers have the right to require employees to settle collective disputes in individual arbitration. Here’s why this practice negatively impacts employees.
What is forced arbitration?
In forced arbitration, employees forego their ability to press charges against the company and instead settle all their disputes through an internal process. Employees usually agree to a forced arbitration clause in their contracts. This was the case for the Riot Games employees.
Employee concerns over forced arbitration
The problem that this creates is that the employer decides who the arbitrator is, where to hold the hearings and whether the decision is binding. Many times, an employee may not even know that this clause is in their contract or may not understand the impact of the clause. Arbitration cases, unlike court proceedings, are private and not shared with the public. They also do not need to take legal precedent into consideration.
Furthermore, forced arbitration can be a method to prevent large class-action lawsuits, and force workers to settle their claims in individual cases. This can additionally reduce any leverage employees may have to stop a company from engaging in unethical employment practices.
Fighting forced arbitration
Unfortunately, as the Riot Games incident demonstrates, a company may be able to enforce a forced arbitration clause. The best defense may be to not sign any forced arbitration clauses, if possible.
Not all contracts are legally binding, however. If a judge finds that a contract is invalid, then forcing arbitration may not be allowed, and the case can go to court.
In the Riot Games case, the plaintiffs and their coworkers banded together to walk out over the issue. This prompted the company to issue a statement that they would grant future hires the option to opt-out of the arbitration clause of their employment contract.
If you’re looking for a new job, this case serves as a reminder to check for any forced arbitration clauses in the employment contract. You may want to negotiate with your future employer to remove such clauses before you sign. Remember that even in a forced arbitration process, an employment law attorney may still be able to help you appeal the validity of the contract and get you a favorable outcome.
]]>California employers that have five or more workers on their staff are required to abide by the FEHA, especially as it relates to providing individuals with disabilities with reasonable accommodations. They are required to do this as long as it doesn't create an undue hardship on the business to do so.
An employer is expected to provide their disabled worker with an opportunity to work a modified work schedule and to take leave to seek out medical care if needed to comply with FEHA. They're also expected to modify a worker's job duties, including providing them with electrical or mechanical aids and relocating their workspace if necessary. Employers may even have to change a worker's job duties to comply with this state law.
The onus falls on the shoulders of an employer to engage their employee in an interactive discussion to better understand how to meet their worker's reasonable accommodation request. Employers are expected to inquire about this if a worker has exhausted their leave. They're expected to do so after being notified of an employee's special needs by a third party as well.
Employers who fail to respond to their employee's request for reasonable accommodations may be found to have violated state or federal laws.
The California Department of Fair Employment and Housing has made a Request for Reasonable Accommodation packet available to employers to help guide them through how to handle employee requests. They did so in hopes that it would minimize the chance of them being discriminated against, resulting in lawsuits being filed.
Legislation like the ADA and FEHA have been drafted to protect the rights of disabled individuals in the workplace. What constitutes a disability or reasonable accommodation have often been fought over in court. Workers who believe that they've been treated unfairly in their Sherman Oaks workplace should consult with a disability discrimination attorney with whom they can discuss the merits of filing a lawsuit in their case.
]]>Pregnancy protections
The California Department of Fair Employment and Housing mandates protection for pregnant employees. In California, the law protects “employees against discrimination or harassment because of an employee’s pregnancy, childbirth or any related medical condition [because of pregnancy].”
Employers have an obligation to accommodate for pregnant employees, including:
As a pregnant employee, it is your duty to notify your employer in a timely matter that you will need to receive accommodations for your pregnancy. Your employer may also ask you to provide a written note from your doctor, except in cases of a medical emergency. Failure to provide proper notice could lead to your employer justifiably delaying reasonable accommodations and time off.
Pregnancy disability leave
California law provides for pregnancy disability leave (PDL) for employees who are expecting. With PDL, you can take up to four months off for pregnancy-related illnesses or complications and return to the same or a comparable position when the disability ceases. During PDL, you retain your current health insurance benefits at the same level and under the same conditions as before PDL.
PDL is not for an automatically set amount of time, but for however long your health-care provider deems your pregnancy-related disability lasts. Once you notify your employer that you intend to take PDL, upon request your employer must guarantee in writing that you can return to your previous position. You do not have to take your PDL all at once. Rather, you can take it on an as-needed basis.
Depending on your employer’s policies, you may or may not get pay during your PDL. Your employer may require you to use your sick days for PDL or you may choose to do so. Reasons for taking PDL may include the following:
Seeking help
If your employer denies you PDL or other accommodations for your pregnancy, they may be acting unlawfully. Workplace protections during pregnancy are your right. If you feel your rights have been violated, you may wish to speak to an attorney who can help you get the fair compensation you deserve.
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