Supreme Court Favored the Class-Action Waivers, Making it Harder For You to Sue Your Employer!
Do you harbor a dispute with the company or employer you’re working for? While it is an employee’s right to file a lawsuit against his or her employer, you might want to think twice though. The Supreme Court’s controversial recent ruling forces employees in class-action waivers, making it difficult for you to sue your boss.
Those abusive employers who overwork their workers or discriminate against them may have more room to continue their actions away from the scrutiny of the Supreme Court. This is due to the Court upholding the employer’s rights to use class-action waivers in arbitration agreements.
This forces an employee to sign the said agreement, thus, giving up their rights to sue their employers in court for damages or any back pay. Instead, they are forced to take their disputes individually to the arbitrators. This makes it easier for the companies to avoid employee lawsuits.
The Arbitration Agreements are commonly used by employers to restrain any lawsuits or disputes filed which lead to bigger payouts, damages, and loss to the company. This usually happens when workers are backed by labor unions or employee groups.
Together, they challenge their employer’s use for Arbitration Agreements. With the employees claiming the AA violates the National Labor Relations Act (NLRA) in which employees were guaranteed to join forces for mutual aid and protection.
The Controversial Ruling
The Supreme Court’s majority decided against the workers, claiming that the said collective bargaining law cannot replace the federal law nor the arbitration process. This also means that class-action waivers brought by employers in an employment contract are deemed legitimate.
Furthermore, he added that while the policy is debatable, the law remains clear and fixed. Congress instructed that AA should be enforced at all times.
This ruling supported the high court’s former decision that companies can force their employees and consumers into AA’s with class-action waivers and fine print especially when buying plane tickets or registering for a new cell phone. While the latest ruling sanctioned the use of such waivers in the workplace. This has become a common practice for the last 20 years.
A Heavy Blow to the Workers
The SC’s recent rulings are a heavy blow and have major implications for workers. The filing of class-action lawsuits is one of the most powerful actions for employees to take against their abusive employers. This also serves as their means to secure their back pay, demand a minimum wage, or overtime rights which may have been violated by their employers. Not only that, but it also serves as their protection against bosses who discriminate against them in the workplace. The class-action waivers effectively negate the employees’ rights to fight for their labor rights.
Aside from that, it makes it harder for the employees to pursue such lawsuits individually, rather than filing it as part of a bigger, collective group. The labor groups also fear that lawyers may hesitate on backing these individual complaints since the judgments or settlements will be small and may not also be worth their time. The employees also fear their employers may retaliate and make their lives more miserable since they can now only file these lawsuits individually.
The Unfair Deal
Judge Ginsburg stated during the oral arguments that strength comes with numbers. The class action lawsuit can help protect an individual worker’s rights against his or her giant employer. When backed by labor groups and unions, the employee can easily match his employer’s superior strength. She also fears that this may pave way for employers to continue implementing unfair working conditions to their workers such as underpayment, no overtime pays, and layoffs.
According to the Economic Policy Institute, around 25 million workers last year, especially the non-union employees in the private sector, were forced to sign their rights to join class-action lawsuits away, as one of the conditions of employment.
More in Legal Advice
A Simple Guide to Help You Understand the Basics of Becoming a Lawyer
Being a lawyer is no easy work, let’s be honest. It comes with its fair share of work, education, and experience,...March 22, 2021
Engaged Couples Should Meet With a Divorce Lawyer Before Tying the Knot! Here’s Why
As exciting as it can be to get married to your partner, you can’t ignore a big statistic that marriage comes...March 21, 2021
Even Law Firms Can Transition to Remote Work – Here’s How
The impacts of the coronavirus pandemic echoed wildly in every nook and cranny of the world, whether it be social, economic,...March 18, 2021
Lockdown Move-Ins Are Complicating Couple’s Finances – Here’s How to Stay Protected
The 2020 coronavirus pandemic became the cause for drastic changes in people’s lives – and couples were no exception. For some...March 15, 2021
Educating Your Child Abroad is Not Impossible – Just Follow These Key Financial Tips!
For every parent, it is easy to get caught up in the dream of sending a child to university in the...March 12, 2021
Can’t Pay for University Right Now? These are Some Alternative Paths You Can Take
There are many paths that can lead you to success. While a lot of people believe that getting a degree from...March 9, 2021
Here’s What You Need to Know Before Starting a Family Business
Yes, we can see how attractive the prospects of starting a family business are. You’re working for yourself, earning more than...March 7, 2021
Legal Tips For Smooth Sailing Small Business Operations
Running a business isn’t child’s play. From meeting client requirements to keeping employees happy, an entrepreneur has to juggle multiple roles....March 7, 2021
These are the Soft Skills You Need to Develop to Succeed in these High-Paying Jobs
Technical skills would get your foot in the door but it might be non-technical skills, also known as soft skills, that...March 5, 2021