United States: The California Divide: Federal Courts Refuse To Follow State Supreme Court's Iskanian Decision

One of the last barriers to full enforcement of arbitration agreements with class action waivers sustained another blow last week.  A California federal district court disagreed with the California Supreme Court in holding that an employment arbitration agreement can waive an employee’s right to pursue a representative claim under the state’s Private Attorney General Act (“PAGA”).  Langston v. 20/20 Companies, Case No. EDCV 14-1360 JGB (C.D. Cal. Oct. 17, 2014).

It is well known by […]

By | October 25th, 2014 ||

United States: Proposed Bankruptcy Fairness And Employee Benefits Protection Act Of 2014 Would Place Significant Restrictions On Employers In Bankruptcy

Legislation recently introduced in the Senate would place many restrictions on the ability of a corporation navigating bankruptcy to change the compensation and benefits of employees and retirees. The bill would also create a presumption that retiree health benefits are fully vested. The “Bankruptcy Fairness and Employee Benefits Protection Act of 2014” (S. 2418) was introduced on June 3 by Senator Jay Rockefeller and its cosponsor, Senator Elizabeth Warren, and is currently before the […]

By | October 25th, 2014 ||

Why Gary Keating Is The Poster Child For Canada’s Spoiled Public Schoolteachers

Gary Keating has become the poster child for entitled Canadian public school teachers and an abject lesson as to the problem with public sector labour negotiations.

During his 28 year teaching career, Keating had risen to the position of high school principal before venturing into politics. But only three weeks after being elected to the New Brunswick legislature by a mere nine votes, he resigned, betraying his party, constituents and New Brunswick’s taxpayers, who must […]

By | October 25th, 2014 ||