02 Dic Agreement Class Action Waiver
With respect to the second question, the Chamber found that the Assistant Director`s statements in response to staff concerns about the signing of the arbitration agreement were not contrary to the law. The Assistant Director of Employees distributed the revised agreement and stated that employees would be removed from the schedule if they refused to sign the agreement. After two employees objected to signing it, the assistant manager warned that he would “not bite the hand that fed me” and that he would instead “continue and sign”. The board justified this decision by the fact that the Deputy Director`s statements would not amount to an unlawful threat, since an employer can legitimately place the employment in the performance of an arbitration agreement by renouncing the class action. For this reason, the board described the Deputy Director`s statements as a simple explanation of the “legal consequences of not signing the agreement.” The board also found that the respondent had violated the law by terminating a worker after participating in the protected concert activity, that he was discussing wage issues with his staff, and that he was bringing a group action under the FLSA. In quoting Epic, the Chamber drew the line between the submission of a staff member to disciplinary action for refusing to sign an arbitration agreement with waiver of collective and collective actions, which is legal, and discipline, including the termination of a staff member after filing a collective or collective action, for illegal concerted activities. The Ninth Circuit also relied on Concepcion to argue arbitration in a recent decision with class claims that argue violations of unfair competition and consumer protection legislation. See Ferguson v. Corinthian Colleges, Inc., 733 F.3d 928 (9. Cir. 2013).
The Ferguson case quashed the first instance`s rejection of an arbitration application and advanced the FAA`s “Broughton Cruz” rule, which states that public legal action cannot be subject to mandatory mediation. Even if they are legal, class actions must be dealt with in accordance with the typical contractual rules. If you are linked to a workplace waiver – this was probably part of the original papers you signed when you were hired – you can draw on its validity by proving that you did not sign the contract, that you were threatened or that you were deprived of your free will when you agreed to the terms.