On October 27, the Washington Post reported that U.S. employers closed nearly 14,000 private arbitration cases in 2020, a 17 percent increase from 2019. The Post wrote about findings from a report by the American Association for Justice.
“Critics say the system, in which cases are decided by private arbitrators, keeps employment disputes out of the public eye and fails to hold corporations accountable,” the Post wrote. Mandatory arbitration agreements are increasingly common, both as a condition of employment and for consumers signing up for products and services.
This week, the House Judiciary Committee is marking up the Forced Arbitration Injustice Repeal (FAIR) Act, which would ban mandatory arbitration. According to a 2018 report from the Economic Policy Institute, arbitration disproportionately affects low-wage workers and the retail industry; arbitration typically favors companies while shielding them from accountability for working conditions. According to the new report, employees were awarded money in just 1.6 percent of arbitrations in 2020. Decisions in arbitrations are final and cannot be appealed.
California has moved to prohibit mandatory arbitration for employees, but nationwide, just three states, including California, require arbitration companies to self-report certain data, like claim types and the prevailing party in each case.
Lauren Teukolsky is one of the leading experts in California on arbitration agreements. She is a frequent speaker at statewide conferences on the topic of arbitration, including for the California Employment Lawyers Association and the California Lawyers Association (formerly State Bar). If you have questions about whether an arbitration agreement is enforceable, contact us today for a consultation.
The results are in. Lauren Teukolsky has received the Avvo "Client Choice Award 2021," given to attorneys who receive five or more 4+ star reviews in a year. Ms. Teukolsky also has a perfect 10.0 rating on the site. Here's what clients are saying:
On October 8, Governor Gavin Newsom signed SB 331 into law. The bill, sponsored by State Senator Connie Leyva, makes it illegal for companies to prohibit employees from speaking about discrimination and harassment.
Previously, laws such as the Stand Together Against Non-Disclosures Act banned non-disclosure agreements (NDAs) in sexual harassment, but did not prohibit NDAs for other types of discrimination, such as race, religion, sexual orientation, and gender identity. Now, California workers will have legal protections for speaking out about all manner of unlawful conduct in the workplace.
This legislation has been strongly supported by Ifeoma Ozoma, a Pinterest whistleblower who spoke out about racial discrimination at the company. NDAs are commonly used, particularly in the tech industry, to keep employees quiet about workplace harassment and discrimination for fear of facing legal action and fines. People began discussing them more frequently after it was reported during the #MeToo movement that Harvey Weinstein and other abusers used NDAs to silence their victims.
SB 331 was sponsored by the California Employment Lawyers Association (CELA), the organization Earthseed, and Equal Rights Advocates. It will take effect on January 1, 2022.
If you believe you have been a victim of discrimination or harassment in the workplace, contact Teukolsky Law today for a free consultation.
On October 7, 2021 at noon, Lauren Teukolsky will lead a discovery training for non-profit attorneys alongside litigation veterans Bob Newman and Lorraine Lopez. The training is part of the Western Center on Law and Poverty’s “Discovery Academy,” taking place over seven sessions starting tomorrow. Ms. Teukolsky and her colleagues will provide discovery tips and perspectives that are enlightening for both new and experienced litigators. The Center is anticipating over 350 participants at the training—mostly attorneys who work at non-profits in California providing legal services to indigent clients. Ms. Teukolsky is a frequent speaker at conferences and panels on topics of employment law and litigation, and most recently spoke at the Bellagio in Las Vegas as part of the Consumer Attorneys Association of Los Angeles (CAALA) annual convention.
Lauren Teukolsky is the founder and owner of Teukolsky Law, A Professional Corporation.