Labor & Employment Alternative Dispute Resolution (ADR)

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Is a FLSA Collective Action Waiver by Itself in a Severance Agreement Enforceable? Sixth Circuit Says “No.”

Employers have recently enjoyed some victories in the U.S. Supreme Court and in the California Supreme Court regarding the use of class/collective action waivers in employment arbitration agreements (e.g. Italian Colors and...more

Coerced Arbitration Agreement Not Enforceable in FLSA Collective Action

The Eleventh Circuit has affirmed a district court's decision denying an employer's motion to compel the arbitration of a Fair Labor Standards Act (FLSA) collective action, finding that the court's decision was within its...more

The Employment Law Authority - July/August 2014

In this Issue: - Immigration. DOJ settles immigration-related discrimination claim - State Round-Up. Learn about the latest employment law news in your state - Traditional Labor. Eric Stuart discusses two recent ...more

President Obama Issues New Executive Order on Fair Pay and Safe Workplaces

On July 31, President Obama issued an Executive Order requiring federal contractors to disclose past labor violations. The order applies to new contracts for goods and services, including construction, valued at more than...more

Employers Should Act Now to Avoid Potential Data Minefields: The OFCCP’s New Proposed Rules for Collecting Compensation Data from...

On August 8, 2014, the Office of Federal Contract Compliance (“OFCCP”) proposed new annual reporting requirements for federal contractors and subcontractors. The proposal requires additional pay information and will become...more

Got Proof? Court Requires Proof Employees Signed Arbitration Agreement to Compel Arbitration

Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many employers continue to consider their use as a means to mitigate...more

Trends in New Jersey Employment Law - August 2014

LAD Roundup - In recent weeks, New Jersey's primary employment discrimination statute—the Law Against Discrimination (LAD)—has been the focus of judicial scrutiny....more

Employer Cannot Compel Former Employee to Arbitrate Claims After Failing to Follow Preliminary Steps of the Contractual...

The issue before the Court of Appeal for the Second Appellate District was whether KTLA, LLC, a Los Angeles based broadcaster, could compel a former employee, Kurt Knutsson, to arbitrate his claims against KTLA. (Knutsson v....more

ArbitrationNation’s Third Anniversary Threesome

After 155 posts, can there possibly be more to say? Yes, indeed. Three new opinions from federal courts of appeals demonstrate how new issues keep “cropping” up in arbitration law each week....more

Fenwick Employment Brief - August 2014

Partial-Day Leave Deductions Lawful for Exempt Employees - A California court of appeal recently confirmed that employers may require exempt employees to use accrued leave for partial-day absences, even if shorter than...more

The Third Circuit Joins The Sixth And Holds That The Availability Of Class Arbitration Is A Substantive Question Of Arbitrability...

“Because of the fundamental differences between classwide and individual arbitration, and the consequences of proceeding with one rather than the other, … the availability of classwide arbitration is a substantive ‘question...more

President Obama Signs Two Executive Orders Impacting Federal Contractors

Aiming to “crack down on federal contractors who put workers’ safety and hard-earned pay at risk,” on July 31, 2014, President Barack Obama signed the Fair Pay and Safe Workplaces Executive Order (“Executive Order”), which...more

Take 5 Newsletter: Five Documents That Financial Services Employers Should Revisit Now

With summer here, including its long days and blazing heat, many thoughts may turn to beaches, sunshine, and lazy afternoons. The summer may also be a good time for employers—especially those in the financial services...more

Executive Order Continues Focus on Labor Laws for Contractors

Under an Executive Order signed by President Obama on July 31, 2014, contractors and subcontractors are faced with a wave of new obligations concerning labor laws and pre-dispute arbitration agreements. The provisions of the...more

West Virginia Supreme Court Upholds the Enforceability of Employer's Alternative Dispute Resolution Program

Employers in West Virginia who want to avoid litigating employment disputes in the courts received a significant victory. The West Virginia Supreme Court recently upheld a company's alternative dispute resolution (ADR)...more

Federal Contractors May Lose Contracts Because of Labor and Employment Law Violations

And here we go again. We have noted that the National Labor Relations Board is aggressively expanding employee protections and organized labor opportunities, that the EEOC has decided to claim many common provisions of...more

JAMS Dispute Resolution Alert, Summer 2014

In This Issue: - Experts Predict ADR Will Help Resolve Affordable Care Act Claims - ADR News & Case Updates - Domestic Focus ..Supreme Court Ruling Expands Whistleblower Protections - Good...more

Clothing Retailer Cannot Force Arbitration of Wage and Hour Claims Where Agreement Specifically Excluded Matters Within Labor...

In deciding Tilly’s Inc.’s appeal to send a former warehouse employee’s proposed class action to arbitration, the Court of Appeal for the Fourth District of California held that arbitration provisions contained in the...more

OFCCP Releases Proposal Requiring Contractors to Disclose Compensation Data Annually

On August 6, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) released a Notice of Proposed Rulemaking requiring federal contractors and subcontractors with 100 or more employees to submit an annual equal...more

Another Hoop For Government Contractors: The Fair Pay and Safe Workplaces Executive Order

On Thursday, July 31, 2014, President Obama signed another in a series of recent Executive Orders targeting employment practices of federal government contractors and subcontractors. Under the “Fair Pay and Safe Workplaces”...more

Sixth Circuit Refuses to Uphold Collective Action Waiver Absent Arbitration

My working title for this blog was “collective action grab bag,” concerning the recent Sixth Circuit case in Killion v. KeHE Distributors, LLC, Case Nos. 12-3357/4340 (6th Cir. July 31, 2014). I went with the title that...more

Executive Order Adds New Compliance Requirements for Federal Contractors

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order in an effort to crack down on federal contractors with a history of violating employee rights. Beginning in 2016, both the government’s...more

Third Circuit Says Classwide Arbitration a Matter for Courts to Decide

The U.S. Court of Appeals for the Third Circuit ruled last week that courts, not arbitrators, should determine whether an agreement between two parties to arbitrate employment disputes allows for classwide arbitration....more

DOL Proposes Rule Requiring Federal Contractors and Subcontractors to Submit Equal Pay Reports

On April 8, 2014, President Obama issued a Memorandum, “Advancing Pay Equality Through Compensation Data Collection,” in which he instructed the U.S. Department of Labor (DOL) to propose a rule within 120 days to collect...more

Government Contractors Facing Increasing Employment-Related Regulations

The heavily regulated world of companies conducting business as federal government contractors is becoming even more heavily regulated. President Obama recently issued another new executive order setting out additional...more

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