Page 24 - BusinessWest March, 21, 2022

Law
An Employment-law Roundup
These New Laws and Recent Cases Should Be on Your Radar
By Marylou Fabbo, Esq. and John S. Gannon, Esq.
Here is a quick review of a noteworthy new employ- ment law that was signed by
President Biden earlier this month, along with a summary of two signifi- cant cases that impact businesses in Massachusetts and beyond.
MARYLOU FABBO
“Forced arbitration silences sur- vivors of sexual assault and harass- ment,” Vice President Kamala Harris said about the new law. “It shields predators instead of holding them accountable and gives corporations a powerful tool to hide abuse and misconduct.”
The law applies retroactively, meaning it applies to agreements signed before March 4. This means
employers should revise old arbitration agreements to remove references to sexual-harassment claims.
The new law does not impact cases that are already in arbitra- tion, nor does it prohibit mandatory arbitration agreements in employment disputes that do not involve sexual-harassment allegations, such as race- or religious-discrimination claims, or disputes over payments of wages.
U.S. Supreme Court Decision Blocking Vaccine Directives
As many readers are likely aware, earlier this year, the U.S. Supreme Court ruled against the Biden administration in the back-and-forth legal battle over the OSHA ‘shot-or-test’ rule
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
On March 4, the president signed a new law that will pro- hibit agreements between employees and their employers that required them to settle sexual-harassment disputes by arbi- tration. For those who do not know, an arbitration agreement requires the people who signed the agreement to resolve any disputes by binding arbitration, rather than in court in front
of a judge and jury. Employers often require employees to sign arbitration agreements at the beginning of their employment, but will no longer be able to enforce these agreements if an employee alleges they were sexually harassed.
JOHN GANNON
24 MARCH 21, 2022 LAW BusinessWest