Gay NYC Busser Alleging Harassment Must Arbitrate Wage Claims

An employee at a Manhattan eatery who says he faced homophobic slurs and other harassment can pursue those claims in court, but he must arbitrate his overtime and other wage claims.

The ruling by the US District Court for the Southern District of New York addressed the impact of a 2022 change in federal arbitration law. Under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, a worker can opt out of an arbitration agreement if theircase raises a sexual harassment or sexual assault dispute. But that change to the Federal Arbitration Act only applies to claims related ...