Alternative Dispute Resolution (ADR) Labor & Employment

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Fourth Circuit Rejects Characterization Of Motions “For Reconsideration,” Remands To Determine Whether Dispute Is Arbitrable

The Court of Appeals for the Fourth Circuit recently remanded a case to the district court for full consideration of a request to compel arbitration, finding the lower court’s order “inconsistent with the emphatic federal...more

NJ Appellate Division Rules that Continued Employment Means Consent to Arbitration

On July 23, 2015, the New Jersey Appellate Division upheld Ernst & Young’s alternative dispute resolution (“ADR”) policy statement as valid and enforceable. In Jaworski v. Ernst & Young, No. A-5259-13T2, three former...more

Another One Bites The Dust: Missouri Court Refuses to Enforce Arbitration Agreement Due to Unilateral and Retroactive Modification...

Arbitration agreements have been a roller coaster for Missouri employers. Recently, in State ex rel. Hewitt v. Kerr, the Missouri Supreme Court enforced such an agreement, sending an employee’s discrimination lawsuit to...more

Executive Orders and Labor Laws: New "Proposed" Guidance - Clarity or Concern?

In this presentation: - Summary of proposed FAR - Summary of proposed guidance -? Remaining questions and potential problems - Excerpt from Summary of proposed FAR: The Proposed Rule Requires:...more

Court Order Trumps Board

What happens when the NLRB says an arbitration agreement is illegal, but a court enforces the agreement anyway? Four plaintiffs recently found out. In Hobson et al. v. Murphy Oil USA, Inc., No. CV-10-S-1486-S (N. D. Ala. July...more

NLRB Finds Mandatory Arbitration Clause Unenforceable

An administrative law judge for the National Labor Relations Board (“Board”) found in favor of Talina Torres (“Torres”) against Employers Resource (“Employers”) after determining that an arbitration clause within an...more

Labour arbitrator agrees to hear harassment-retaliation grievance under OHSA

Although a temporary employee had no termination protection under the collective agreement, he did have the right to advance a reprisal / retaliation claim under the Occupational Health and Safety Act, a labour arbitrator has...more

“Don’t Mess with Texas” (Choice of Law Provisions)

Many companies doing business in California have implemented arbitration agreements for resolving disputes with their employees. Companies headquartered in states other than California often prefer to use the law of their own...more

Employer permitted to use “cumbersome” two-page sick leave medical form implemented after STD costs increase, arbitrator rules

An employer’s introduction of a new two-page sick leave medical form did not violate the collective agreement, a labour arbitrator has held. The employer introduced the form in response to the increasing costs of...more

Arbitrator Strikes Down Employer’s Total Ban On Smoking During Shift

Starting in January 2015, the employer – which manufactured wire and cable products – banned smoking anywhere on company property, including outside of the plant. Employees were also prohibited from leaving company property...more

Federal Arbitration Case Update | Compelling and Appealing

Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management,...more

Connecticut Mandates Double Damages for Failure to Pay Proper Minimum Wage or Overtime

On June 23, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute that imposes double damages on employers who fail to pay an employee minimum wage or overtime. With one exception, the new law requires a...more

Hooli Needs New Lawyers on “Silicon Valley”

As is obvious from our many posts on the subject, we here at IP Legal Forum are big fans of the show “Silicon Valley.” That said, its season finale could have used more Jared Dunn (can we give him a spin-off already?), as...more

Enforcing Arbitration Agreements: The Choice of Procedural Law

The Federal Arbitration Act (FAA) applies generally to most arbitration agreements, but parties can choose to have the procedural law of the place of arbitration apply instead. On many issues, there is no material difference...more

For Life Insurers and Agents – A Summary of Predicted Litigation Under the DOL’s Proposed Fiduciary Rule

The Department of Labor’s recent Proposed Rule (the “Proposal”), which defines the term “fiduciary” as it applies to persons who provide “investment advice” to ERISA plans and IRAs, will impact the likelihood and severity of...more

KONE Inc. to Pay $85,500 to Settle EEOC Retaliation and Breach of Mediation Agreement Lawsuit

Elevator Manufacturer Refused to Hire Applicant in Retaliation for a Previous Discrimination Complaint, Federal Agency Charged - MEMPHIS, Tenn. - KONE Inc., a manufacturer and servicer of elevators and escalators, has...more

Proposed Regulations and Guidance Issued for Executive Order on Fair Pay and Safe Workplaces

Although the regulations are not final and may change, government contractors should take steps now to prepare for the anticipated final regulations under the Executive Order. On May 28, the Federal Acquisition...more

Administrative Closing Of Employment Discrimination Case Subject To Arbitration Agreement Bars Appellate Review

In Walker v. TA Operating, LLC et. al., Case No. 14-41046 (5th Cir. May 22, 2015), the Fifth Circuit Court of Appeals dismissed an appeal of an employment discrimination case subject to an arbitration agreement due to lack of...more

Tenth Circuit Affirms Lift Of Arbitration Stay For Failure To Pay Requisite Fees

In late May, the Tenth Circuit Court of Appeals affirmed a district court decision to lift an arbitration stay for Plaintiff Pre-Paid Legal Services, Inc. (“Pre-Paid”) as Defendant Todd Cahill (“Cahill”) failed to pay his...more

General Assembly Bans Strikes by State Workers, Expands Right to Interest Arbitration

Earlier this month, the Illinois General Assembly passed legislation that drastically changes the collective bargaining landscape for State of Illinois employees. Senate Bill 1229 requires the use of interest arbitration...more

Harassing Facebook Posts Justify Termination

A recent labor arbitration decision illustrates that an employer can terminate an employee who uses social media to insult and threaten co-workers in violation of a workplace harassment policy. This case arose when the...more

Missouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement

In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled...more

Airline Industry Alert: Ninth Circuit Reverses Status Quo Injunction against Airline

In a unanimous decision, a panel of the United States Court of Appeals for the Ninth Circuit reversed a preliminary injunction arising out of an airline's alleged violation of the status quo provisions of the Railway Labor...more

“Getting to Yes” by Way of “I’m Sorry”: Settling Employment Discrimination Claims with Apologies

Apologies are difficult. By expressing regret and accepting responsibility for a harmful act, the person apologizing transfers “power” from him- or herself to the person receiving the apology. Parties negotiating settlement...more

West Virginia Employment Update: The Mountain State is Becoming Much More Attractive to Employers

For the past several decades, West Virginia has not fared particularly well when employers were faced with tough decisions regarding whether to close or open new facilities in the state.  One of the factors that undoubtedly...more

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