The U.S. Supreme Court recently handed down some important decisions affecting employers in many ways, and there's more to come. Arbitration has been a recurring theme lately.
Joseph Beachboard, an attorney with Ogletree Deakins in Los Angeles, gave an overview of recent Supreme Court cases and what's likely to come up next in the court. He spoke at the SHRM Annual Conference & Expo 2022 in New Orleans and virtually on June 13.
"There have been some very important rulings for employers over the last two years," he said. "There's also a few important cases still pending before the court."
All eyes have been on the anticipated overturning of Roe v. Wade, but there are other employment-related decisions to watch out for.
On June 15, the court decided Viking River Cruises v. Moriana, clarifying that employers can require employees to settle certain claims through arbitration.
California's Private Attorneys General Act (PAGA) allows employees to sue on behalf of the state to recover penalties from employers for violations of California's Labor Code. In this case, the company sought to compel arbitration of PAGA claims, based on an arbitration agreement. Lower courts found that the PAGA claims could proceed in court, and the company appealed to the Supreme Court.
In California, especially, "I do think arbitration agreements make a lot of sense," Beachboard said. "They do save on costs. They do result in quicker decisions. I do think they're fair …. If we can resolve cases...
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