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Under the new law, employers cannot require applicants or employees to waive employment rights or obtain benefits under the California Fair Employment and Housing Act (FEHA) or the National Labor Act. Workers cannot be required to assert rights in a given forum – for example.B. in arbitration proceedings instead of a court – and employers must expect legal consequences when they threaten, retaliate or dismiss a worker who refuses to waive such rights. The court stated that it was reasonable for the employee to consider the distribution of the manual to be routine, with no particular reason for the employee to link it back, so it would be “fundamentally unfair” to assume that the employee was aware of the arbitration clause. As a result, the worker did not agree to arbitration proceedings, the court concluded. “Case law also shows that the EEOC remains fully available to staff to enforce the rights of the EEO and review them in the public interest, whether or not the parties have entered into a binding arbitration agreement,” the Agency said in a December 16 statement. The chamber then stated that an arbitration agreement expressly prohibiting the filing of charges with the NLRB or, more generally, the administrative authorities should be found to be unlawful, since such an agreement would constitute an explicit prohibition on the exercise of workers` rights under the NRA. L.A. responded to his complaint. He also claimed that even if he had obtained a copy, he would never have known that the employer had included an arbitration clause in it because the employer had not informed him of how the manual had been amended.
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