- Written by Anthony Oceguera
On November 18, 2016, California’s Agricultural Labor Relations Board (“ALRB”) issued a decision in T.T. Miyasaka, Inc., Case No. 2016-CE-011-SAL, upholding a class action waiver in an employer’s arbitration policy and agreement. In the case at issue, the employer required that – as a condition of employment – employees agree to arbitrate their employment-related disputes with the employer only on an individual basis. In challenging the class action waiver, the employee argued that such waivers violated an employee’s right to engage in concerted activity under California’s Agricultural Labor Relations Act (“ALRA”).
The ALRB emphatically rejected the employee’s argument. In doing so, the ALRB declined to follow the National Labor Relations Board’s (“NLRB”) decision in D.R. Horton, which the NLRB and some federal circuits (including the Ninth Circuit) have relied upon to invalidate class action waivers. The D.R. Horton decision held that class waivers violate the National Labor Relations Act (“NLRA”) by unlawfully restricting an employees’ right to engage in concerted action.
- Written by Jacquelyn E Larson
As promised, the U.S. Citizenship and Immigration Services (“USCIS”) released the latest revision to the Form I-9, Employment Eligibility Verification. The latest version can be downloaded at the USCIS's website, available here: https://www.uscis.gov/i-9.
As noted previously by The Saqui Law Group [link: http://laborcounselors.com/news-resources/news/19-general-legal-updates/285-inquiring-minds-want-to-know-the-new-i-9-form], employers can continue using the old version of the Form I-9 until January 21, 2017. However, beginning January 22, 2017, employers must begin using the revised Form I-9 for new employees.