The Supreme Court this week agreed to resolve issues related to a) CBA-compelled arbitration of statutory discrimination claims; b) agency payor responsibility for union litigation expenses; and c) ERISA’s anti-alienation provision.
You can find blog commentary at Workplace Professor and Daily Developments in EEO Law (02/19/08 post).
Court of Appeals Affirms Judge Sedwick; Result may Differ under Alaska Law
The City of Mesa, Arizona, required Christine Nilsson, an applicant for a police position, to waive any claims arising out of the City’s pending investigation of her background. After she complied, the investigation proceeded and revealed an EEOC dispute with a previous employer, workers comp claims, […]
The California Supreme Court has identified factors that would invalidate provisions in arbitration agreements that purport to waive class claims for unpaid overtime. Gentry v. Superior Court of Los Angeles County, S141502, ___ P.3d ___ (Cal. Aug. 30, 2007). The Court (4-3) held that various practical difficulties facing individual OT claimants may void any agreement to waive class action […]
In last Friday’s opinion, Deptula v. Simpson, 2007 WL 2143018 (Alaska July 27, 2007), the Alaska Supreme Court offered some clues about how it will resolve the waiver issues raised, but left open in Hammond v. State, DOTPF, 107 P.3d 871 (Alaska 2005), and Barnica v. Kenai Penin. Bor. Sch. Dist., 46 P.3d 974 (Alaska 2002). Justice […]
