Announcement

Collapse
No announcement yet.

Arbitration Agreement California

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Arbitration Agreement California

    Hi.

    I signed an agreement for my new employer (Arbitration Agreement) I read about arbitration agreements, and pretty much understand what I read. I also read a part that said if your employer discriminates against you, you can still file with a government agency, such as the EEOC. Because the agreement was with me, not the government agency. But a question came to mind about local agencies, like the Labor Board. Could one still file a claim with the labor board if the overtime laws were broken by the employer. Or say lunch breaks laws were broken? And say this is a worse case situation for argument sake. Could one still file with the labor board even though an arbitration agreement was signed? I assume by signing an arbitration agreement doesn’t cover situations were a company can just violate labor laws.

    Thank you.
    Last edited by Dagvesper; 04-08-2015, 01:50 PM. Reason: Spelling

  • #2
    Statutory laws are imposed on the parties. Which means that the parties (employee and employer) cannot waive statutory requirements such as minimum wage and overtime. At most, an agreement between parties can create additional requirements not mandated by statutory law. Also, do not assume that federal and state law say the same thing, or that each state law is the same. Some statutory laws explicitly allow things like arbitration agreements. Be very careful about trying to create one-size-fits-all answers from general information. Statutory law tends to be extremely specific to the circumstance and does not work well with attempts to make generalizations.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      My company just implemented arbitration agreements. We are not in CA but are in several different states. While an employee may file a complaint with the EEOC, if a right to sue letter is given, the claim must be arbitrated and doesn't go through the courts.

      Comment

      Working...
      X