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Can we end forced arbitration for employees?
The Attorneys General of all 50 states, the District of Columbia and 5 U.S. territories have sent a letter to Congress demanding that it take action to end forced arbitration for sexual harassment claims. They note that arbitration takes away victims' ability to have their case heard by a judge and jury, and that confidentiality provisions in arbitration agreements prevent serial sexual harassers from being exposed. This would be a good start, but the proposal doesn't go far enough. Forced arbitration should be banned in the employment context for all claims. Arbitration is supposed to be a matter of contract. Most employees who are subject to such "agreements," however, have absolutely no bargaining power. They are simply presented with the "agreement" as part of the on-boarding process, and have no ability to negotiate. Further, forced arbitration heavily favors employers. Research has shown that employees win arbitration cases in only 21.4% of ca...
Employee Abuse?
A new lawsuit alleges that Aflac (of the famous duck) takes advantage of and abuses its employees in a myriad of ways. Among the claims: fraudulently promising recruits six-figure incomes which are essentially unattainable using a multi-level marketing scheme to encourage employees to sell policies to friends and relatives and recruit them into the company improperly classifying employees as independent contractors, thus shifting business costs onto the employees and denying them compensation and benefits wage theft; and retaliation against whistleblowers Unfortunately, this type of employee abuse is all too common. Companies routinely call employees "independent contractors" so they don't have to pay unemployment or workers compensation benefits. And wage theft is an epidemic -- the Economic Policy Institute has found that minimum wage violations alone cost over $8 Billion annually. A court in Georgia has ordered that the case go to arbitration i...
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