Civil Rights, Alternative Dispute Resolution (ADR)

Employment Law -- May 22, 2013

by Manatt, Phelps & Phillips, LLP on 5/23/2013

Welcome to the first installment of our bi-monthly employment newsletter. Every two weeks we will highlight recent court decisions and upcoming legislation that impact California employers. We hope you will find the content...more

Postscript: To Compel Under the FAA or the MAA? That is the Question . . . With an Answer

by Jaime Cole | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/15/2013

In a previous post, I argued that in order to compel arbitration in Minnesota, an employer must attempt to come within the purview of the Federal Arbitration Act (FAA) and not just the Minnesota Uniform Arbitration Act (MAA)...more

Hospitals Face Mandatory Affirmative Action Obligations Incorporated by Operation of Law Into Their Federal Subcontracts

by Daniel S. Herzfeld, Julia Judish | Pillsbury Winthrop Shaw Pittman LLP on 4/23/2013

In UPMC Braddock v. Harris, the U.S. District Court for the District of Columbia upheld the U.S. Department of Labor’s Arbitration Review Board decision treating hospitals as government subcontractors subject to the equal...more

Employment Law Newsletter: April 2013

by Mandy Arjmand, Laura Flynn, J. Stephanie Krmpotic, Christine Balbo Reed, Steve Werth | Low, Ball & Lynch on 4/17/2013

Post-Brinker Meal Break Decisions on Class Certification De-Published by California Supreme Court - We have previously reported on the California Supreme Court’s decision in Brinker Restaurant Corp. v....more

Updates from the Second Circuit and Supreme Court About Arbitration Provisions and Potential Impact on Employers

by Lisa E. Cleary, Nivritha Ketty, Adam Pinto, Catherine A. Williams | Patterson Belknap Webb & Tyler LLP on 4/3/2013

Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013). The provision at issue required employees to pursue...more

Alleged Sexist Comments At OLRB Safety-Reprisal Mediation Were Privileged, Could Not Form Basis For Discrimination Complaint

by Adrian Miedema | Dentons on 4/1/2013

An alleged comment that “women don’t like to do that job”, and other discussions at an Ontario Labour Relations Board safety-reprisal mediation, were privileged and could not form the basis for a discrimination complaint, the...more

Second Circuit Mandates Arbitration For Title VII Class Action

by Mark Batten | Proskauer - Class & Collective Actions on 3/28/2013

The editors wanted to share this analysis, by Proskauer’s Employment Litigation and Arbitration Group, of the Second Circuit’s interesting recent decision requiring a Title VII plaintiff, even in a class action, to arbitrate...more

Plaintiffs Must Arbitrate Individually, Even If It Means No “Pattern-Or-Practice” Claim

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 3/28/2013

All the cool kids are talking about class arbitration lately. . . There are the two cases pending before SCOTUS, and now the Second Circuit confirms its place in the “in crowd” with a decision forcing a class of employees...more

Second Circuit Holds No Substantive Right To Bring A Pattern-Or-Practice Title VII Claim

by Kelly Cullen, Sara Dionne, Jessica Perry | Orrick - Global Employment Law Group on 3/27/2013

Reversing a denial of a motion to compel arbitration in Parisi et al. v. Goldman, Sachs & Co. et al., the Second Circuit held that a plaintiff does not have a substantive right to bring a pattern and practice claim under...more

Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive...

by Keisha-Ann Gray, Steven Hurd, Kathleen McKenna | Proskauer Rose LLP on 3/27/2013

On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in...more

The Beginning of the End for Wage & Hour Class Actions Through Arbitration Agreements? Second Circuit Sets Stage

by Daniel A. Schwartz | Pullman & Comley, LLC on 3/26/2013

Suppose you have your employees’ sign agreements to arbitrate all of their employment disputes. (I’ve talked about arbitration agreements in many posts before.)...more

Second Circuit Vindicates Concepcion in Gender Discrimination Case

by Sedgwick LLP on 3/26/2013

In April 2011, the U.S. Supreme Court handed down its landmark opinion in AT&T Mobility v. Concepcion, holding that the Federal Arbitration Act preempted California's Discover Bank rule, which had previously voided waivers of...more

Second Circuit Upholds Enforceability of Arbitration Agreements that Bar Title VII Class Actions, Finding that there is no...

by Sean Kirby | Sheppard Mullin Richter & Hampton LLP on 3/25/2013

On March 21, 2013, the Second Circuit issued its opinion in Parisi v. Goldman Sachs & Co., Case No. 11-5229, reversing a decision from the Southern District of New York, and holding that arbitration agreements which preclude...more

The ERISA Litigation Newsletter - March 2013

by Anthony Cacace, Page W. Griffin, Jacklina Len, Kara L. Lincoln, Brian S. Neulander, Michael Spencer | Proskauer Rose LLP on 3/13/2013

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

February 2013 U.S. Labor and Employment Update

by Alan Berkowitz, Jennifer Burdick, J. Ian Downes, Linda Dwoskin, Kate Ericsson, Thomas Johnson, Melissa Squire | Dechert LLP on 2/22/2013

In This Issue: - Supreme Court to Address “Changing Clothes” under the FLSA - First Appellate Court Decision on FLSA’s Nursing Mother Provision - Courts Continue Trend in Favor of Class Waivers in Arbitration...more

Fenwick Employment Brief - February 2013

by Daniel J. McCoy, Saundra Riley | Fenwick & West LLP on 2/21/2013

In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

EmployerLINC.com - February 8, 2013: Court enforces agreement to arbitrate

by Charlie Plumb | McAfee & Taft on 2/11/2013

In a January 23, 2013 decision, the U.S. District Court for the Northern District of Oklahoma continued a recent trend in Oklahoma cases enforcing arbitration clauses included in employment agreements or relationships....more

California Court Upholds Arbitration Agreement

by Tracey Fagelbaum | Proskauer - California Employment Law on 1/14/2013

Maribel Baltazar sued her former employer, Forever 21, Inc., alleging she was constructively discharged and subjected to discrimination and harassment based on her race and sex....more

What To Watch At The Supreme Court In 2013

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 1/10/2013

With the Supreme Court's first oral arguments of 2013 underway this week, there are several employment-related cases of note still awaiting decisions....more

2013 Employment Law Update - New Developments in Employment Law 2013

by Shirley Jackson, Erik P. Khoobyarian, Ernest M. Malaspina, Richard M. Noack, Daniel F. Pyne III, Karen Reinhold | Hopkins & Carley on 1/4/2013

In this update: - 2013 Schedule of Seminars - Wage & Hour - New Laws Impacting Hiring Practices - Discrimination & Harassment - Developing Law Regarding Employer Arbitration Agreements - Employer...more

Fenwick Employment Brief - December 2012

by Sheeva J. Ghassemi-Vanni, Daniel J. McCoy | Fenwick & West LLP on 12/19/2012

In This Issue: - FEATURE ARTICLES Supreme Court Emphasizes Supremacy Of Federal Arbitration Act and Honest Belief Inadequate Defense In CFRA Interference Claim. - NEWS BITES Class Action...more

Fenwick Employment Brief - November 2012

by Allen M. Kato, Michael A. Sands | Fenwick & West LLP on 11/14/2012

In This Issue: - Court Refuses To Force Human Resources Director To Arbitrate Dispute Despite Misrepresentations That She Had Signed Arbitration Agreement - California Employers Allowed To Round Employee Time To...more

Navigating the Two-Way Street of Workplace Accommodation

by Field Law on 11/8/2012

The phrase “accommodation is a two-way street” appears often in arbitration and human rights decisions that discuss an employer’s duty to accommodate its employees. That accommodation has been characterized this way means...more

Arbitrator’s Decision Finding Just Cause For Discharge Dooms Subsequent Statutory Claims, District Of New Jersey Holds

by Christopher R. Coxson, Theresa Donahue Egler, Evan J. Shenkman | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/15/2012

In Robbins v. U.S. Foodservice, Inc., 2012 WL 3781258 (D.N.J., August 30, 2012), a union employee’s discrimination (NJLAD) and leave law (FMLA and NJFLA) claims were dismissed because her union previously had grieved her...more

Accommodation is a Two-way Street

by Dentons on 10/5/2012

What is an employer to do with an employee who demands changes to a job, without ever having done the job? ...more

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Civil Rights › Alternative Dispute Resolution (ADR)