Civil Rights, Civil Procedure, Alternative Dispute Resolution (ADR)

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

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

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

Appealling An Arbitration Decision - A Success Story Part II

by McNees Wallace & Nurick LLC on 9/27/2012

The Supreme Court of Pennsylvania recently confirmed that sexual harassment is against public policy. Seems like a no brainer, right? The court seemed to agree, stating that the decision in Phila. Housing Authority v. AFSCME,...more

Airline Management Newsletter -- August 8, 2012

by FordHarrison on 8/9/2012

In This Issue: Court Blocks Election at American Airlines; NMB Clarifies Run-Off Election Rule; Pilot Required to Arbitrate FMLA Claims; Airline Did Not Regard Employee as Disabled under the ADA; and Recent NMB Results -...more

Employment Law Issues in the Workplace: EEOC Developments

by Dinsmore & Shohl LLP on 5/4/2012

Over the past few years, the Equal Employment Opportunity Commission (EEOC) has shifted its focus towards systemic lawsuits. It has also been able to obtain larger settlements than in the past. This article provides an...more

Fenwick Employment Brief - March 13, 2012

by Fenwick & West LLP on 3/19/2012

In this issue: Attack On Outside Sales Exemption Could Not Be Litigated As Class Action; Individual Supervisor May Be Liable For Fmla Violation; NLRB New Poster Regulation Upheld In Part; New FMLA Regulations Expand Scope...more

2012 Employment Law Update : New Developments in Employment Law 2012

by Hopkins & Carley on 2/9/2012

Each year, Hopkins & Carley provides its clients and friends with a summary of the new laws and legal developments from the past year that we believe will have the greatest impact on employers. This week, we are happy...more

October 2011: Class Action Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 11/10/2011

Class-Less Actions: Depending on which side of the class action divide you are on, 2011 has been either a very good year or a disaster. In April, and again in June, the United States Supreme Court issued decidedly...more

Legal Alert: Texas Supreme Court Permits Expansive Review of Arbitration Awards

by FordHarrison on 6/8/2011

The Texas Supreme Court recently held that parties to an arbitration agreement governed by the state's arbitration act can agree that the arbitrator's decision will be subject to review to the same extent as a court decision...more

California Employment Law Notes - May 2011

by Proskauer Rose LLP on 5/18/2011

In This Issue: - State Limitations On Arbitration Agreements Are Preempted By Federal Law: AT&T Mobility v. Concepcion, 563 U.S. ___, 2011 WL 1561956 (2011) - Employee Who Complained Orally About FLSA Violation...more

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Civil Rights › Civil Procedure › Alternative Dispute Resolution (ADR)