1 - Which tech companies are affected by forced arbitration?
In surveying the employees of 30+ tech companies and 10+ common Temp/Vendor/Contractor suppliers in the industry, not a single business could meet 3 basic criteria of a transparent & equitable workplace. #EndForcedArbitration #googlewalkout #MeToo #TimesUp #DumpForcedArbitration
We invite any of the companies shown or tagged below to confirm or correct any information. If your policies vary by type of employee, by duration of employment or by geography, your willingness to clarify the differences will help tech workers everywhere. If you work at one of these companies, today is for you. #EndForcedArbitration
Don't recognize some of those logos or handles? That's probably because they are suppliers of temporary workers, which compose a massive part of the tech workforce. If you work at one of these companies, today is also for you. #EndForcedArbitration #ContractWorkerStories
2 - Wait, what is forced arbitration?
If you’ve never heard about forced arbitration, you’re not alone. Many workers are now starting to learn about the rights they signed over to their employers when accepting that job offer. #EndForcedArbitration #googlewalkout #MeToo #TimesUp #DumpForcedArbitration
Unlike a normal trial, arbitrations hearings happen behind closed doors with a handful of people. #EndForcedArbitration #googlewalkout #MeToo #TimesUp #DumpForcedArbitration
Forcing workers to agree to arbitration as a condition of employment creates a number injustices. #EndForcedArbitration #googlewalkout #MeToo #TimesUp #DumpForcedArbitration
The practice of forced arbitration has grown significantly in the last seven years. Among companies with 1,000 or more employees, over 65% percent have mandatory arbitration procedures. #EndForcedArbitration #googlewalkout #MeToo #TimesUp #DumpForcedArbitration
3 - How do I find out my employer's policy on arbitration?
Dig up your employment agreement or offer letter to find out if you are one of the 60 million Americans affected by forced arbitration. (You can always request a copy of your records from your HR department.) Now look for a clause about arbitration. Note to temps, vendors & contractors - check both the contract with your staffing agency & the company that contracts you. They may each have different rules. #EndForcedArbitration
Now look for whether or not your company has a gag rule that prohibits whether or not you can talk about your experience during the arbitration process. #EndForcedArbitration
If your employer uses arbitration, find out what company or law firm provides the arbitrators and how they get paid. #EndForcedArbitration
Fighting for your civil rights often requires banding together with others who have also faced discrimination & harassment, but employers often make you waive your right to file a class action lawsuit. Does yours? #EndForcedArbitration
Companies like @facebook, @Twitter and @AdeccoGroup give you a way to opt out of forced arbitration, but you have to really search for it & it may have a time constraint. Check if your company does the same. #EndForcedArbitration
4 - Who are the arbitrators?
Retired judges / lawyers often serve as arbitrators, working for a firm like the American Arbitration Association. AAA is one of the largest arbitration firms used by companies like Facebook, Lyft, Oracle, Samsung and Two Sigma. @ADRorg #EndForcedArbitration #googlewalkout
While AAA is a non-profit, JAMS, short for Judicial Arbitration and Mediation Services, is a private company used by employers like Google, Airbnb, Uber, Tesla, VMWare. @JAMSADR #EndForcedArbitration #googlewalkout
Here’s an extended cut of Professor Katherine Stone from the UCLA Law School explaining how evidence collection processes dictated by these arbitration firms affect discrimination cases. #EndForcedArbitration
5 - How does arbitration affect other industries?
It’s no coincidence that the more women or people of color in an industry, the more likely employers are to force arbitration. #EndForcedArbitration #googlewalkout #MeToo #TimesUp #DumpForcedArbitration
6 - When did arbitration start ... and how did we get there?
How did we get here? The 1925 Federal Arbitration Act (FAA) legalized arbitration between shipping companies for settling commercial disputes, but the Supreme Court has gradually allowed companies to expand the use of arbitration to employees & consumers. #EndForcedArbitration
Professor Myriam Gilles of Cardozo Law School is one of the most cited civil procedure scholars in the nation. We found her 8 minute crash course on the Supreme Court cases a must-watch.
Jan 15, 2019 - The US Supreme Court ruled 8-0 Tuesday that courts lack authority under the Federal Arbitration Act to order arbitration in cases that involve contracted workers engaged in foreign or interstate commerce. Learn more here.
7 - How prevalent is arbitration across the United States?
Nearly 70% of workplaces located in California, Texas and North Carolina all required forced arbitration. #EndForcedArbitration #googlewalkout #MeToo #TimesUp #DumpForcedArbitration
8 - What is Congress doing about this?
The Arbitration Fairness Act has been introduced every year in the Senate since 2007 with growing bipartisan support. Let's make 2019 the year this sticks. #EndForcedArbitration
Thank you to the original 30 co-sponsors of the AFA for standing up for workers’ rights & supporting the end of forced arbitration! @SenBlumenthal @SenGillibrand @SenatorBaldwin @SenatorDurbin @maziehirono @SenatorLeahy @PattyMurray @SenFeinstein & more! #EndForcedArbitration
House Dems introduced the Restoring Justice for Workers Act in 2018 to end forced arbitration & we have a better shot of a victory here first. So tell your rep to contact Rep. Nadler to become an original co-sponsor of the 2019 bill. http://bit.ly/findmyhouserep #EndForcedArbitration
Thank you to all the original 50+ co-sponsors of the RJfWA for standing up for workers’ rights and supporting the end of forced arbitration: @RepJerryNadler @davidcicilline @RepJayapal @RepHankJohnson @RepMaxineWaters @RepYvetteClarke @RepLynch @RepAnnaEshoo @RepSpeier and more!
Until the federal government passes legislation, state governments are working on creative solutions to end forced arbitration. #EndForcedArbitration
9 - What can I do if I am forced into arbitration?
If you’re one of the 60 million workers bound by forced arbitration, you should know your options. Here’s a cheat sheet of what you can and can’t do under forced arbitration clauses. @USEEOC #EndForcedArbitration #googlewalkout #MeToo #TimesUp #DumpForcedArbitration
Part 1 of 2: Hear/see what Professor Katherine Stone from @UCLA_Law wishes all workers knew about arbitration. #EndForcedArbitration #googlewalkout #MeToo #TimesUp #DumpForcedArbitration
Part 2 of 2: The most important myth to bust is around the role of a lawyer. Professor Katherine Stone of @UCLA_Law warns what happens when lawyers see an arbitration clause in your employment contract. #EndForcedArbitration #googlewalkout #MeToo #TimesUp #DumpForcedArbitration
10 - How do I get involved?
So what can you do? 1st, tell your rep to become an original co-sponsor of the bill to end forced arbitration/class action waivers in employment cases by calling Rep. Nadler’s office to become an original co-sponsor of the 2019 bill. bit.ly/findmyhouserep #EndForcedArbitration
2nd - if you have been a victim of harassment or discrimination, you are not alone. Reach out to the Equal Employment Opportunity Commission @USEEOC and file a complaint at bit.ly/fileEEOCcharge. #EndForcedArbitration
3rd, call on your CEOs and call on your colleagues. Change starts from the inside. Share www.endforcedarbitration.com with anyone who couldn’t tune in today. #EndForcedArbitration #googlewalkout #MeToo #TimesUp