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June 09, 2022

Mandatory Class Action Arbitration in the Homecare Industry: Abuse or Representation?

The homecare industry has become one of the dominant industries providing steady work for immigrant women in New York City since the 2000’s. Abusive working conditions were officially exposed when, in January 2015, a group of Chinese immigrant women sued their employer in New York State court for not paying them for all the hours they worked during their 24-hour shifts, in violation of New York State labor laws. Under their collective bargaining agreement, which provided for arbitration of statutory claims, the workers’ union pursued their claims and expanded the grievance to include 42 employers and all of their employees. In February 2022, an Arbitrator ruled in the Union’s favor creating a special wage fund covering approximately 150,000 workers that is now projected to be $40 million to pay a variety of statutory wage claims. This webinar is an examination and critique of the process. The Union claims a victory. Critics say those Chinese immigrant workers could have done better litigating in state court. Did something go wrong or did the Union’s decision to aggregate all claims in one proceeding accord it an efficient and fair mechanism to adjudicate their members’ claims?

Panelists:

  • Laureve D. Blackstone, Levy Ratner, New York, NY
  • Kay Hodge, Stoneman, Chandler & Miller LLP, Boston, MA
  • David Lee, Legislative Director, New York State Assemblymember Ron Kim, New York, NY
  • Clement L. Tsao, Branstetter, Stranch & Jennings PLLC, Cincinnati, OH

Moderator:

  • Marcha Isabelle Chaudry, Senior Policy Analyst, Center for Progressive Reform, Washington, DC

Note: This free webinar is not accredited for Continuing Legal Education.