Minimum Wage Workers' Rights

 

Resolution 13-04.37

 

WHEREAS, minimum wage and hourly employees have a right to be paid for all hours worked, to meal and rest periods, to reimbursement of necessary expenses, to timely final pay, to complete and accurate wage statements, among other rights under the California Labor Code; 

WHEREAS, class action lawsuits are generally the only way for such employees to hold their employers accountable for violating the Labor Code because they allow groups of employees to join together against large corporations with significant resources.  But these large corporations are increasingly forcing their employees to unwittingly sign mandatory arbitration agreements, which cede their rights to hold their employers accountable for violating labor laws and to have their cases heard by a jury of their peers in court; and

WHEREAS, the United States Supreme Court, by its 5-4 decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011) and other cases, has closed the courthouse doors to these employees and has allowed corporations to block class action lawsuits through the use of these mandatory arbitration clauses.

THEREFORE BE IT RESOLVED, that the California Democratic Party reaffirms the right of employees to vindicate their rights through the class action mechanism and to have their cases heard in court, and urges the California Democratic Congressional Delegation to take the lead in passing legislation that overturns the Court's ruling in Concepcion and restores employees' rights to hold corporations accountable in court.

 

 

Sponsored by: Melissa Grant, Pacific Palisades Democratic Club; Karleen Basch AD 45; Cary Brown AD 45; Jodie Cooper AD 45; Wendy Block AD 46; Lloyd Dent AD 46; Michael Goldman AD 45; Russell Greene AD 45; Joe Halper AD 50; Leah K. Herzberg AD 45; Jon Katz AD 50; Kevin McKeown AD 50; Linda Lucks AD 62

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Adopted by the California Democratic Party
At its April 2013 State Convention
Sacramento Convention Center
April 14, 2013

 

 

 

 

 

 

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