Labor & Employment Law Updates
The Ninth Circuit Court of Appeals recently ruled that an employee’s arbitration agreement was enforceable as to complaints of sexual harassment and retaliation against her supervisors that occurred before she entered into the arbitration agreement.
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On August 19, 2020, the Ninth Circuit Court of Appeals ruled that Amazon delivery drivers are transportation workers engaged in interstate commerce and thus exempt from the Federal Arbitration Act (“FAA”), even if they only make deliveries in one state.
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In a 7-2 decision, the U.S. Supreme Court ruled that the ministerial exception — a legal doctrine that shields religious employers from anti-discrimination laws — applied to two discrimination suits brought by California parochial elementary school teachers against their employers.
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The Ninth Circuit Court of Appeals ruled this week that employers may not justify pay differences between women and men by relying on prior salary. The Rizo v. Yovino decision concerned the Equal Pay Act, which prohibits employers from paying male and female employees different wages for substantially equal work, unless the wage difference is the result of (1) a seniority system; (2) a merit system; (3) a system that measures earnings by quantity or quality; or (4) a differential based on “any factor other than sex.”
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