The ugly truth behind FINRA arbitration and other arbitration between big business and consumers was recently exposed in a case that resulted in the two long-time arbitrators being dropped from an industry panel after ruling in favor of the consumer. The case involved Merrill Lynch, who was required to pay hundreds of thousands of dollars to the consumer. This case reveals what can happen when arbitrators "bite the hand that feeds them".In December 2009, Robert C. Postell and his wife Joan, … [Read more...]
Arbitration Award Appeal: Plaintiff Needs to Show Prejudice
In an arbitration award appeal, the California Supreme Court has essentially ruled that when arbitrators make decisions, they have leeway to make it up as they go along. In a case decided in January, the court upheld an arbitrator's decision which applied a legal defense not allowed under California law because it felt the plaintiff failed to show harm done by the error. In Richey v. Autonation, Inc., the court reviewed an arbitrator's award and decided that although the arbitrator may have … [Read more...]
Workplace Social Media Policy Limits: NLRB Weighs In on What Employers Can Ban
The rise in popularity of social media has spurred heated employment debates regarding free speech rights, and what can and cannot be said about your employer on Facebook and Twitter. As the debate has grown, a federal agency is asking employers to revise workplace social media policies that limit what their employees can voice on Internet forums, reports Bay Area employment lawyer Eric Grover. There have been several rulings by the National Labor Relations Board (NLRB) finding that workers have … [Read more...]
Wage Theft in California: Study Finds Low-Wage Workers Aren’t Collecting Court-Ordered Judgments
For many of California's low-wage workers, justice was never served after winning judgments against their former employers who cheated them out of owed wages and other employment benefits. In fact, the problem of wage theft in California is so bad, some are labeling it an "epidemic," reports wage and hour lawyer Eric Grover. According to a report by the National Employment Law Project and the UCLA Labor Centers entitled "Hollow Victories: The Crisis in Collecting Unpaid Wages for California's … [Read more...]
Wage Theft Costs American Workers $50 Billion a Year, Study Finds
Wage theft has grown into a potentially $50 billion problem, as a new study from the Economic Policy Institute (EPI) has shed light on just how much this injustice is costing U.S. workers. The EPI study, which looked at New York, Chicago and Los Angeles, found two-thirds of low-wage workers had been victims of wage theft during any given week in 2008. This cost workers an average of $2,600 a year, affecting 15 percent of their total earnings.The study suggests that if wage theft is as … [Read more...]
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