Experienced Employment
attorney Curt Surls discusses the varying state responses to U.S. Supreme Court
in Epic Systems v. Lewis
Several
states are considering responses to Supreme Court’s recent decision in Epic System that held that individual
arbitration clauses in employment contract preempts class action lawsuit. One such response is from Governor Jay Inslee
of Washington, issuing Executive Order 18-03 in June of 2018 that directly
mentions the Epic System decision in
the preamble. Specifically, the order
states “WHEREAS, the United States Supreme Court, in its recent Epic Systems Corp. v. Lewis decision,
held that if employees sign an arbitration agreement requiring individual
arbitration proceedings as a condition of employment, then those agreements
preclude employees from pursuing a class or collective action against their
employer to resolve disputes; and WHEREAS, when employers require workers to
accept an arbitration clause as a condition of employment they deny workers the
opportunity to seek redress for employment grievances through collective or
class action in court or in arbitration, and workers are stripped of a powerful
tool to level the historical imbalance between employers and employees; and
WHEREAS, the Epic Systems Corp. v. Lewis
decision will inevitably result in an increased difficulty in holding employers
accountable for widespread practices that harm workers . . . .” The order provides that “[t]o the extent
permissible under state and federal law, when making purchasing and other
procurement decisions, all state executive and small cabinet agencies shall
seek to contract with qualified entities and business owners that can
demonstrate or will certify that their employees are not required to sign, as a
condition of employment, mandatory individual arbitration clauses and class or
collective action waivers.” Although the
order would only cover purchases and procurement by the executive branch of the
state of Washington, if other states follows suit, it could put pressure on companies
seeking to do business with state governments.
It will be interesting to see how much effect the executive order will
have and whether any other states will follow suit.
Other
states are considering a legislative approach.
New York and Vermont are considering passing a law similar to California’s
Private Attorneys General Act (“PAGA”).
PAGA allows individuals who personally experienced a violation of a
California employment law to sue on behalf of current or former employees who
also experienced such violations. California
Supreme Court and the Ninth Circuit has both held that PAGA is not preempted by
the Federal Arbitration Act. Thus, even
if federal class action lawsuits are preempted by individual arbitration
clauses in employment contracts, state laws such as PAGA could allow plaintiffs
to pursue state class action suits. This
is a developing area of the law that bears close monitoring in the future,
opines Mr. Surls.
*** Curt Surls is an attorney in the areas of Employment
Discrimination, Sexual Harassment, and Wrongful Termination. Located in
Manhattan Beach, California, the Law Office of Curt Surls offers a complete
range of employment law services to those living throughout Southern California,
including all of Los Angeles, Riverside, Orange and San Bernardino counties.
With nearly 30 years of experience focusing almost exclusively on this area of
law, attorney Curt Surls and his law firm provide the personalized assistance
and effective support his clients need. References: Law Firm Website: https://www.curtsurlslaw.com/;
Professional Profile on law firm website: https://www.curtsurlslaw.com/attorney-profile/;
LinkedIn Profile: https://www.linkedin.com/in/curt-surls-83118b5/;
Blog: https://curtsurlsblog.blogspot.com/
Attorney Profile: https://solomonlawguild.com/curt-surls%2C-esq;
Attorney News: https://attorneygazette.com/curt-surls%2C-esq#5282ef1c-68bd-44ca-a705-13c4c4d19d33
Lawyer Curt Surls specializes in the areas of Employment Discrimination, Sexual Harassment, and Wrongful Termination. Located in Manhattan Beach, California, the Law Office of Curt Surls offers a complete range of employment law services to those living throughout Southern California, including all of Los Angeles, Riverside, Orange and San Bernardino counties. With nearly 30 years of experience focusing almost exclusively on this area of law, attorney Curt Surls and his law firm provide the personalized assistance and effective support his clients need. References: Law Firm Website: www.curtsurlslaw.com; Professional Profile on law firm website: https://www.curtsurlslaw.com/attorney-profile/; LinkedIn Profile: https://www.linkedin.com/in/curt-surls-83118b5/; Attorney Profile: https://solomonlawguild.com/curt-surls%2C-esq; Attorney News: https://attorneygazette.com/curt-surls%2C-esq#5282ef1c-68bd-44ca-a705-13c4c4d19d33
