If the employer and the union do not reach an agreement on the collective agreement as part of the contract mediation, the Executive Director of the PERC may authorize an interest arbitration procedure on the unresolved issues. An impartial arbitrator of the PerC Arbitration Panel or a PERC employee will be selected. If there is a way, without compromising your employment, to indicate that you are only signing the document to keep your job, rather than voluntarily agreeing to arbitration, do so. However, you should carefully balance your interest in challenging the policy with your interest in keeping your job, so you may want to consult a lawyer before taking this action. Firefighters, paramedics, nuclear security forces, transit workers, state ferry workers, interpreters, individual home care providers, child care providers, adult family home providers, some district correctional officers, some fire dispatchers, and some law enforcement officers. The Massachusetts Legislature has passed laws governing the use of non-compete rules in Massachusetts. Governor Charlie Baker is expected to sign the bill by August 10, 2018. Assuming this happens, the law will codify Massachusetts` existing jurisdiction to some extent, and it will also go much further to regulate the applicability of non-competitive agreements, including limiting who can be subject to such agreements. In Burnett v. Pagliacci Pizza, Inc., 442 pp.3d 1267 (Wash. Ct. App.
In 2019), the Washington Court of Appeals ruled that how an employer communicates its arbitration agreement is essential to determining whether it is valid and binding. Employers should carefully review their arbitration agreements to ensure that they are consistent with the tribunal`s new decision. As of January 1, 2020, the use of non-compete agreements in Washington will be severely restricted, including minimum compensation requirements for employees and independent contractors, for the agreement to be enforceable. The new law applies at the time of implementation of the agreement; it does not depend on the date of signature of the agreement. For more information, see our May 2019 warning. Finally, the Washington State Supreme Court recently ruled for the first time that obesity alone is a protected category under the Washington Anti-Discrimination Act (WLAD) in Taylor v. Burlington Northern Railroad Holdings, Inc. In this unprecedented decision, our Supreme Court noted that “obesity is still a deficiency in the simple language of Wi-Fi because medical evidence shows that it is a `physiological disorder or condition` that affects many of the listed body systems.” For more information, please read our full warning on this case. Forced arbitration is an arbitration imposed as a condition of employment or necessary to receive an employment benefit.
Although it is referred to as “forced” arbitration, there is no legal obligation for a staff member to accept arbitration as a method of resolving claims that might otherwise be submitted to the public court system. However, terms and conditions of employment often have valuable benefits – such as acquiring or creating a job – to your “agreement” to submit claims to arbitration that might otherwise have been submitted to the public court system. Typically, these agreements provide that you do not have the right to disfigure the arbitration system and file your claims in public courts. In situations of forced arbitration, your work may depend on the adoption of such a provision: your only other choice is not to accept the work. An example is here in Washington. Senate Bill 6313 was passed this year, which invalidates any employment contract that requires an employee to resolve complaints of discrimination in the workplace through arbitration. Washington argues that because of the limited scope of discrimination, there is no conflict between state and federal law. Not so fast, Washington. The King County Superior Court intervened and ruled that this law violated the Federal Arbitration Act (FAA), which gives employers the right to seek arbitration for labor disputes. .