A California state appellate court recently ruled that allegations of sexual orientation harassment can be enough to invoke the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, the Ninth Circuit opined on the law's timing provisions, and congressional Democrats floated a bill to broaden workplace arbitration restrictions. Here, Law360 recaps five legislative and litigation EFAA developments over the past month.
The Seventh Circuit's new standard for certifying collective actions, introduced a year ago in an age discrimination case against pharmaceutical company Eli Lilly, has turned out to be less onerous than certification standards recently established by other circuits and hasn't significantly impacted notice distribution, wage and hour attorneys say.
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A Detroit water infrastructure company can propose a union contract provision that would discipline workers for filing "baseless" grievances, a split National Labor Relations Board ruled, saying that making an "intemperate" proposal during bargaining cannot be considered an unfair labor practice.