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Wednesday, September 21, 2011

AT&T Aftermath: Companies Get to Judge Their Own Compliance with Wage Law

The Corporate Court's decision in AT&T Mobility v. Concepcion set a dangerous precedent, and is forcing everyday Americans out of the courthouse. AFJ takes a look at some of the cases impacted by the decision.

Case: Quevedo v. Macy’s, Inc.

Carlos Quevedo worked at a Macy’s in California.  When he was terminated, Macy’s did not promptly pay him his final wages as required by state labor law.  Quevedo filed a lawsuit on behalf of himself and all other victims of Macy’s practices.  But Macy’s required all new employees to agree to use its so-called “InSTORE” dispute resolution program, which culminates in binding arbitration proceedings and requires workers to waive any right to form a class.  The court brushed aside Quevedo’s argument that the arbitration clause was unconscionable, and ruled that, after ConcepciĆ³n, Quevedo could not even use California’s Private Attorney General Act, a law which lets citizens stand in the shoes of state law enforcement officials, to take Macy’s to court for its illegal practices.

Click here for more on the aftermath of the Court's AT&T decision.

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