San Francisco, CAOn June 23, the Ninth Circuit reversed a decision of the Central District of California to hold that an employment arbitration agreement was enforceable under California labor law. Robert Cocom, an airport janitor, may yet have to go toe-to-toe against his former employer in front of an arbitration panel. His dilemma is neatly captured in the title to attorney Brendan Ballou’s most recent book, "When Companies Run the Courts: How Forced Arbitration Became America’s Secret Justice System".
With its decision in Cocom v. ABM Aviation Inc., the Ninth Circuit has waded neck-deep into the issue of whether the waivers that many workers must sign to get a much-needed job are fair and whether they should be enforced.
It’s not just about wages. Recent lawsuits have also focused on the right to ERISA-protected employee benefits and to California’s workplace protections against sexual harassment.
ABM offers commercial janitorial services to airports. Cocom worked for ABM as an airport janitor from August 2020 to June 2024. When he was hired, he signed a three-page arbitration agreement that establishes arbitration as the sole remedy for workplace disputes with the company.
In August 2024, Cocom filed a class action lawsuit alleging wage and hour violations of California labor law. ABM filed a motion to dismiss, insisting that the dispute had to be decided through arbitration.
Jang, in his 40s, who also runs a beauty salon and works as an insurance planner, registered himself as a caregiver for insured A, an insurance customer, in April. Afterwards, Jang filed a documen...