News & Analysis as of

Alternative Dispute Resolution (ADR) Labor & Employment

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:

For how long can an employee enforce an arbitration award

by Hogan Lovells on

We looked at this question in our article How long can a CCMA arbitration award be enforced against an employer. Since then the Constitutional Court has considered the question of the prescription of arbitration awards not...more

Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel...more

Global Employment Law Update - April 2017

by Hogan Lovells on

In this edition of our Global Employment Law Update we look at the effects of the rapid growth of the "gig" economy across the jurisdictions. There have been significant case law and legislative responses, particularly on...more

Ninth Circuit Affirms District Court’s Dismissal Of Plaintiff’s Procedural Due Process Claim

by Carlton Fields on

In this action, plaintiff Sherri Roberts appealed a Montana federal district court’s order which granted her former employer/defendant Lame Deer Public Schools’ summary judgment motion because plaintiff’s procedural due...more

Key California Employment Law Cases: February 2017

by Payne & Fears on

The key California employment law cases from February 2017 involve collective bargaining/union and wage and hour issues. - Collective Bargaining/Union Issues - Vasserman v. Henry Mayo Newhall Memorial Hospital, 8 Cal....more

Employment Law - April 2017

Eleventh Circuit: Title VII Doesn’t Prohibit Sexual Orientation Discrimination - Why it matters - In a decision that is already being cited in other courts around the country, the U.S. Court of Appeals for the Eleventh...more

Random Alcohol and Drug Testing – New Hope for Ontario Employers?

by Littler on

A recent decision from the Ontario Superior Court of Justice may pave the way for random alcohol and drug testing in the workplace. However, the final word is yet to come from a long-anticipated decision from an Ontario...more

What’s In Your Arbitration Agreement?: California High Court Finds Another Exception to Enforcing Arbitration Agreements As...

Many employers enter into pre-dispute arbitration agreements with their employees so that any future claims or disputes between the employer and the employee get resolved through binding arbitration, rather than a court of...more

Money, Dirt and Steel: Spring 2017

by Williams Mullen on

When Are Your Subcontractor's Employees Your Employees? In January, the Fourth Circuit Court of Appeals entered its decision in Salinas v. Commercial Interiors, Inc., ruling that a contractor and its subcontractor can be...more

Arbitration 101: Why and How to Keep Your Company Out of Court

“Arbitration makes a lot of sense”, Charles Allen states. A general commercial disputes lawyer and currently a partner at Orrick, Herrington & Sutcliffe in Hong Kong, he practices across a wide range of different...more

Chipping Away at Arbitration: California Supreme Court Further Limits Arbitration Waivers

by Hirschfeld Kraemer LLP on

On April 6, 2017, the California Supreme Court held that an arbitration agreement waiving the right to public injunctive relief is contrary to California public policy and is unenforceable under California law. In McGill...more

Are private dispute resolution agreements really binding?

by Hogan Lovells on

Parties often contract out of the CCMA or Labour Court as the forum that considers their dispute and opt for private arbitration. But, are these agreements really enforceable? This question again recently came before...more

Ninth Circuit Holds PAGA Claimants May Be Compelled To Arbitrate

by Carlton Fields on

Terminix appealed from a district court order denying its motion to compel arbitration of a former employee’s representative claim under California’s Private Attorneys General Act (PAGA) alleging that Terminix failed to...more

Employment Law - March 2017 #2

Continuing Violation Doctrine Keeps Title VII Suit Alive - Why it matters - The U.S. Court of Appeals for the Fifth Circuit allowed a professor to move forward with her Title VII hostile work environment claims...more

Arbitration of PAGA Claims: Another California Divide Emerges

by BakerHostetler on

In a March 8, 2017, article, we talked about how the Ninth Circuit Court of Appeals compelled the arbitration of a California Private Attorney General Act (PAGA) representative claim in Valdez v. Terminix International Co.,...more

Jury Waiver And Arbitration Agreements Require Specificity

A recent New Jersey Appellate Division decision once again highlights the specificity required to enforce jury waivers or agreements to arbitrate employment disputes. In Noren v. Heartland Payment Systems, Inc., ___ N.J....more

Sometimes a Belt & Suspenders Aren’t Enough

by Faegre Baker Daniels on

Even the most cautious lawyer might think that Columbia North Hills Hospital had done enough to compel arbitration when a former employee sued for sexual harassment, retaliation, and negligence. The trial court thought so. ...more

Employers Closely Follow Gorsuch Confirmation Hearing as He May Cast Deciding Vote on Validity of Class Action Waivers

by Nexsen Pruet, PLLC on

March 22, 2017 marks the third day of the confirmation hearing for U.S. Supreme Court nominee Neil Gorsuch. Many employers throughout the Carolinas are watching the process with interest given the impact Judge Gorsuch would...more

Ninth Circuit Enforces Arbitration Agreement's Class Action Ban, but Only After Severance of PAGA Ban

by FordHarrison on

A panel of the U.S. Court of Appeals for the Ninth Circuit recently overruled a lower court’s decision refusing to enforce an arbitration agreement, holding that the dispute resolution provision of the agreement was valid and...more

Congress Considers Limiting Pre-dispute Arbitration Agreements in the Employment Context

Many employers require employees to sign arbitration agreements at the inception of the employment relationship and prior to any disputes, such as part of their new hire packets or as a condition of their employment. ...more

Arbitrator disagrees that grievor’s interference with air quality test was a deliberate act of sabotage and replaces termination...

by Dentons on

In this recent Alberta arbitration case, the employer had been dealing with safety issues involving excessive carbon monoxide levels. Carbon monoxide readings in the employer’s facility were often beyond the regulatory levels...more

Supreme Court Decision On Arbitration Clauses Could Significantly Reduce Employer Exposure to Class Claims

by Partridge Snow & Hahn LLP on

Savvy employers always need to be on the look-out for ways to mitigate the ever-growing risks posed by increasingly burdensome state and federal employment laws. Later this year, the U.S. Supreme Court will have the chance to...more

Arbitrating PAGA Representative Actions: Federal and State Courts Begin to Part Ways

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Three decisions issued earlier this month reveal an increasing tension between the Ninth Circuit and California appellate courts on whether representative PAGA actions can be arbitrated. As a result,...more

Managing the Employment Relationship in Ontario

by Dickinson Wright on

What state-specific laws govern the employment relationship? The Employment Standards Act, 2000, sets out most of the minimum employment standards for provincially regulated workplaces in Ontario....more

Threats of violence, one day after “sensitivity training”, get worker fired for cause. He “may have a problem with women in the...

by Dentons on

A worker who said, “If anything ever happened, like losing my job, I’d have no problem coming in here and shooting them”, a day after receiving sensitivity training relating to workplace violence, was dismissed for cause, an...more

1,496 Results
|
View per page
Page: of 60
Cybersecurity

Follow Alternative Dispute Resolution (ADR) Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.

Feedback? Tell us what you think of the new jdsupra.com!