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Posts by: Roza Patterson

COVID-19 Update: Maryland and Virginia Institute Stay-at-Home Orders

As of March 30, 2020, Maryland and Virginia became the latest states to issue stay-at-home orders to combat the spread of Coronavirus (COVID-19). The directive to keep people at home began just two weeks ago in California and has now been adopted by more than half the states. READ MORE

AB 51 Update: Preliminary Injunction Granted

On Friday January 31, 2020, Judge Kimberly Mueller of the Eastern District of California granted a preliminary injunction blocking the enforcement of California Assembly Bill 51 (AB 51) to the extent it applies to arbitration agreements covered by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. AB 51 makes it unlawful to require workers or job applicants to enter into mandatory arbitration agreements covering claims under the California Fair Employment and Housing Act or the California Labor Code as a condition of employment or to obtain employment benefits. READ MORE

A Fair Victory? House Democrats Pass the FAIR Act to Limit Mandatory Arbitration

In 2018, the U.S. Supreme Court issued its landmark decision in Epic Systems Corp. v. Lewis—a decision that upheld the validity of class action waivers in arbitration agreements (discussed in our prior post). Since then, Democrats lobbied to overturn that decision. In 2018, Democrats introduced H.R. 7109, entitled the “Restoring Justice for Workers Act” to outlaw class action waiver provisions in employment contracts. Although that bill died in Congress, Democrats continue to pursue the fight to prohibit “forced” arbitration agreements and class action waivers. READ MORE

Hut-Hut-Hike: The Second Circuit Tackles Hostile Work Environment Claims Under the ADA

In a case of first impression, the Second Circuit has held that hostile work environment claims are cognizable under the American with Disabilities Act (ADA).  In Fox v. Costco Wholesale Corporation, No.17‐0936‐CV (2d Cir. Mar. 6, 2019), the Second Circuit joined the Fourth, Fifth, Eighth, and Tenth Circuits to recognize this cause of action under the ADA.  The court also provided useful guidance on when teasing may or may not suffice to establish a hostile work environment. READ MORE