A recent Supreme Court decision limiting the ability of some workers to join class action lawsuits against their employers is already having a real-world impact. Chipotle is attempting to keep thousands of current and former workers out of a class-action wage theft case against it, and the new ruling is likely to give the company an edge.
The original suit, according to Huffington Post labor reporter Dave Jamieson, involves around 10,000 workers who claim that Chipotle forced them to work without pay before or after clocking in. Chipotle, though, says that nearly 3,000 of those workers signed class-action waivers as conditions of their employment, which would prevent them from joining the suit.
The Chipotle case was first filed in 2014, but a Supreme Court decision issued last Monday fundamentally shifts the playing field. Ruling on Epic Systems Corp. v. Lewis—also an underpayment case—the Supreme Court upheld companies’ right to make so-called ‘forced arbitration’ a condition of employment, meaning employees would have to pursue redress for mistreatment individually, even when violations are systematic or widespread. In addition to complaints about pay, the ruling will likely also impact sexual harassment cases.
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