Alternative Dispute Resolution (ADR) Labor & Employment Civil Remedies

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Supreme Court Declines to Hear Appeal on Enforceability of FLSA Collective Action Waivers

Yesterday, the Supreme Court denied a request to review the issue of whether the Fair Labor Standards Act grants employees a non-waivable right to bring a collective action and thus, renders arbitration agreements with...more

Fenwick Employment Brief - June 2014

No Liability for Off-the-Clock Work Absent Employer Knowledge - A California appeals court refused to hold Kaiser Foundation Health Plan liable for alleged off-the-clock overtime about which it lacked knowledge. In...more

Alberta Arbitration Board Considers Random Alcohol and Drug Testing in Closely Watched Case

An Alberta Arbitration Board has recently released its decision in the closely followed case of Unifor, Local 707A v Suncor Energy Inc regarding Suncor’s random drug and alcohol testing policy for safety sensitive union...more

Alberta Arbitration Board Rules Random Drug and Alcohol Testing Unreasonable

In the ongoing debate on random drug and alcohol testing of employees, an Alberta Arbitration Board (the “Board”) has found that an employer’s random drug and alcohol testing policy is unreasonable. The Board’s...more

Fifth Circuit Denies NLRB Petition to Review D.R. Horton. What It Means for Employers...

The decision affects every employer with an arbitration agreement and every employer that wants to avoid class and collective actions, which should be all of them....more

In Employment Arbitrations, Prevailing Party Fee Provision "Chills" But Is Not Cool

In recent years the United States Supreme Court has ruled in favor of businesses in several cases involving the enforceability of arbitration agreements. But as illustrated by a recent decision by Florida's Second District...more

California Courts Continue to Rule in Favor of Arbitration

California Supreme Court reverses rule that first required administrative hearing by state Labor Commissioner before permitting arbitration of wage and hour claims - In 2011, the California Supreme Court in...more

Arbitrator May Not Award Damages For Workplace Injury Where Worker Entitled To WSIB Benefits

An employee who was entitled to Workplace Safety and Insurance Board benefits for a workplace injury could not also obtain damages through arbitration, a labour arbitrator has decided. ...more

Second Circuit Holds That The Fair Labor Standards Act Does Not Bar The Enforcement of Class Action Waivers

Over the past week, the United States Court of Appeals for the Second Circuit (“Second Circuit”) has issued two decisions in which it affirmatively held that: (i) a plaintiff cannot use the “effective vindication doctrine” to...more

Darden: continuing the trend of pro-arbitration decisions

The California Court of Appeal’s recent decision in Leos v. Darden Restaurants, Inc. continues the nationwide trend of courts enforcing arbitration provisions according to their terms. ...more

U.S. Supreme Court Decides American Express Co. v. Italian Colors Restaurant - Worth the Wait

The U.S. Supreme Court rejected the contention that a class arbitration waiver was unenforceable under the Federal Arbitration Act (“FAA”) when the cost of arbitrating individually would be greater than any potential...more

In American Express, Supreme Court Confirms the Enforceability of Class Action Arbitration Waivers

In a decision that significantly strengthens the ability of parties and employers to ensure that they will not be forced to arbitrate on a class basis, the U.S. Supreme Court has ruled that a waiver of the right to arbitrate...more

Supreme Court Upholds American Express’s Class Arbitration Waiver

On June 20, 2013, the Supreme Court ruled for American Express in a closely watched class action case. In American Express v. Italian Colors Restaurant (No. 12-133), the Court ruled on a 5-3 vote (with Justice Sotomayor...more

Supreme Court Upholds Class Action Waivers In Arbitration Agreements

The U.S. Supreme Court held today that courts cannot invalidate arbitration agreements which waive class actions, unless there is an express congressional statement that class-action proceedings are so necessary to a federal...more

Employment Law -- Jun 05, 2013

From the Hill: FMLA Amendment and Anti-Arbitration Legislation - Lawmakers on the Hill are considering two employment-related bills that would make changes to the Family and Medical Leave Act and invalidate pre-dispute...more

Can You Enforce an Arbitration Clause on the Other Side Just Before Trial?

Can You Enforce an Arbitration Clause on the Other Side Just Before Trial? by Gary S. Young on May 10, 2013 The Supreme Court of New Jersey recently considered how late is “too late” to invoke an arbitration clause in a...more

Facebook Posts Breached Confidentiality Agreement

The decision of the Human Rights Tribunal of Ontario (“HRTO”) in Tremblay v. 1168531 Ontario Inc. serves as yet another reminder that Facebook postings can have significant consequences. It is also the first decision before...more

Texas District Court Deems Arbitration Agreement Enforceable

The US District Court for the Southern District of Texas recently held that a dispute between a group of employers and a former employee should be submitted to arbitration, finding that the arbitration agreement was valid and...more

The ERISA Litigation Newsletter - March 2013

In this Issue: - Editor's Overview - Risk of Addiction Relapse May Entitle Plan Participants to Disability Benefits - Rulings, Filings, and Settlements of Interest ...more

Former Employee’s Facebook Post About Settlement Breached Confidentiality Provision In Settlement Agreement: Tribunal Reduced...

Trish-Ann Tremblay had entered into a settlement agreement with her former employer, 1168531 Ontario Inc., on September 13, 2011, with respect to the Human Rights Application she had filed against 1168531 Ontario Inc.. The...more

Canadian Courts Consider Alcohol and Drug Testing in the Workplace

The Supreme Court of Canada (in Irving Pulp & Paper, Ltd. v. Communications, Energy and Paperworkers Union of Canada, Local 30) and the Alberta Court of Appeal (in Communications, Energy and Paperworkers Union, Local 707 v....more

Privacy Breaches Can Be One-Two Punch for Employers: Arbitrator Awards Damages for Employee Credit Checks that Breached Privacy...

Twenty-six employees of the Alberta Justice and Attorney General’s Maintenance Enforcement Program (“MEP”) were each awarded $1250.00 in damages each after a Peace Officer carrying out a workplace investigation used their...more

Michigan Becomes 24th Right to Work State with Public Acts 348 and 349 of 2012

As promised, yesterday evening, Governor Rick Snyder signed two separate bills into law: SB-01116, now known as Public Act 348 of 2012 and HB-4003, now known as Public Act 349 of 2012....more

No Second-Hand Smoke Damages under Safety Clause of Collective Agreement: Ontario Court

The Ontario Divisional Court has upheld an arbitrator’s decision that a collective agreement provision requiring the employer – two Ontario government ministries – to take reasonable safety precautions could not be used to...more

Nelsen v. Legacy Partners Residential, Inc. - Court of Appeal Not Persuaded by D.R. Horton - Arbitration Agreements Precluding...

Breaking with the National Labor Relations Board’s ruling that arbitration agreements containing class waivers can violate federal labor law, the California Court of Appeal recently held that an arbitration agreement...more

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