David Garland Cited in “More Employers Turn to Arbitration to Handle Job Claims”

Bloomberg BNA Daily Labor Report

David W. Garland, Member of the Firm and Chair of the firm’s National Employment, Labor & Workforce Management Steering Committee, was cited in the Bloomberg BNA Daily Labor Report, in “More Employers Turn to Arbitration to Handle Job Claims,” by Jaclyn Diaz. (Read the full version – subscription required).

Following is an excerpt:

Google may recently have stopped requiring arbitration for employee sexual harassment and assault claims, but mandatory arbitration clauses remain the standard for all other employment claims, the Alphabet Inc. subsidiary told Bloomberg Law.

The use of arbitration agreements also is a popular trend for many other employers, with some 60 million workers currently covered by mandatory arbitration provisions. …

Why Employers Choose Arbitration

The U.S. Supreme Court case Epic Systems v. Lewis had a role in exacerbating the arbitration trend over the years. In that case, the court ruled that employers can enforce arbitration agreements signed by workers, even if they bar class-action claims.

David Garland, an attorney for Epstein Becker Green, noted there hasn’t been an increase in clauses for harassment and assault.