Labor & Employment Alternative Dispute Resolution (ADR) Elections & Politics

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Supreme Court Postpones Consideration of Class Action Waivers Until 2017 Term

In one of our previous posts, we highlighted that the United States Supreme Court granted review to address the legality of class action waivers in arbitration agreements among employers and employees. The case, NLRB v....more

Congress in Process of Passing Disapproval Resolution of Blacklisting Regulations

On February 2, 2017, by a vote of 236 to 187, the U.S. House of Representatives approved a joint resolution of disapproval to block the Final Rule implementing President Obama’s Executive Order 13673, “Fair Pay and Safe...more

Good Things Come To Those Who Wait? Supreme Court Delays Class Waiver Decision Until Next Term

A Full Complement Of SCOTUS Justices Bodes Well For Employers - When the U.S. Supreme Court announced several weeks ago it would settle a dispute about whether employers can use mandatory class action waivers with their...more

The Gorsuch Nomination: The Return of the Business Friendly Court?

Assuming Judge Gorsuch's confirmation, the Court will add a Justice with extensive commercial litigation experience, a particular expertise in antitrust and securities law, and a track record on the bench that demonstrates a...more

Trump’s SCOTUS Nomination May Impact Employee Class Waiver Agreements

President Trump is not wasting any time acting on several of his campaign promises. Whether or not the administration’s actions align with those campaign promises, however, is yet to be seen....more

Who is Neil Gorsuch and Where Does He Stand on Labor and Employment Issues?

President Donald Trump has promptly nominated a potential successor—Judge Neil M. Gorsuch—to fill the Supreme Court seat left vacant by Justice Scalia’s unexpected death nearly a year ago. Since Scalia’s death, the High Court...more

Latest Developments from the Connecticut General Assembly: January 31st Public Hearing

On Tuesday, January 31, 2017, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on the following proposed bills: Proposed H.B. No. 5151 AN ACT CONCERNING TIMETABLES FOR MUNICIPAL...more

Alert: Antitrust 2017: Trends and Developments to Watch

1. Transition to a Trump Administration is top of the agenda - President-elect Donald Trump's DOJ and FTC transition team appointments and public short list of candidates to run the agencies indicate that antitrust...more

President Trump—How Will He Change the Courts and What Does that Mean for Employers? (3rd in a 3 Part Series)

In this final post in a three-part series on what employers can expect from the new Trump administration, we consider possible Supreme Court nominees and future rulings affecting labor and employment law. Judicial...more

The Election is Over, Now What?

Now that the election is over, many clients and friends are asking what labor and employment law might look like under the soon to be President Trump. Of course, no one can predict exactly what will happen in the coming term....more

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

New California Employment Laws for 2017

Here’s your annual roundup of new California employment laws. Since we’ve discussed many of these laws when they were enacted, I’m including links to those earlier discussions....more

FAQ About California's New Law on Venue and Choice of Law in Employment Agreements

We recently blogged about Governor Brown signing S.B. 1241, which is now codified as Section 925 of the California Labor Code. The law, which affects venue and choice of law provisions in agreements entered into as a...more

Dictamen sobre la iniciativa de decreto por el que se reforman y adicionan diversas disposiciones de la Constitución Política de...

El pasado 13 de octubre de 2016 se aprobó por unanimidad dentro del Senado de la República el proyecto de reforma por el que se modifican y adicionan diversas disposiciones de la Constitución Política de los Estados Unidos...more

Mexico: Senate Approves Initiative to Amend Labor Justice Provisions of Mexican Constitution

On October 13, 2016, the Senate of the Republic unanimously approved an initiative that amends several of the Labor Justice provisions of the Mexican Constitution regarding employment dispute hearings and union...more

New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees

On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract rights of California employees. Labor Code Section 925 imposes new limits on contract provisions that seek to impose choice of law and...more

For Its 2016-2017 Term, Supreme Court Takes A Cautious Approach, With Few Blockbuster Labor and Employment Cases

Last week, the U.S. Supreme Court began its first full term since the death of Justice Antonin Scalia, the central advocate for the Court’s conservative bloc. Since Justice Scalia’s death this past February, the Court has...more

California Bans Out-of-State Law

California has passed a novel piece of employment law. New section 925 of the California Labor Code prohibits employers from requiring employees to sign an agreement that (a) forces the employee to litigate or arbitrate...more

New California Law Prohibits Choice of Law and Venue in Employment Contracts

On September 25, 2016, Governor Brown signed into law a new California Labor Code provision (Section 925) that is likely to have major repercussions for contracts with employees who live and work primarily in California. The...more

New California Limits on Choice-of-Law and Venue Provisions in Employment Contracts, Including Arbitration Agreements, with...

Recently, Governor Jerry Brown signed S.B. 1241, which addresses choice-of-law and venue provisions in employment contracts that are entered into, modified or extended on or after January 1, 2017. Under the bill, the...more

California prohibits employee agreements providing for out-of-state venue or law

Effective January 1, 2017, employers doing business in California can no longer require, in an employment contract or offer letter, that a California employee bring an employment dispute outside California or have a dispute...more

California Protects Employees’ Rights to Have Their Claims Heard in the State, Under California Law

In recent years, some employers doing business in the Golden State have required their employees to sign arbitration and employment agreements that require the employee to sue or arbitrate in – or under the law of – another...more

California Legislative Update: It's Now Up To The Governor

The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some...more

Brexit: should we stay or should we go? The issues for construction businesses

The rapidly approaching referendum on 23 June 2016 to decide whether to stay in or leave the European Union (EU) is an issue for all businesses. Uncertainty is one of the key concerns for the construction industry which...more

New Federal Bill Seeks to Limit Use of Arbitration Agreements

Earlier this month, U.S. Senator Patrick Leahy (D-Vt.) introduced a bill, titled “Restoring Statutory Rights and Interests of the States Act of 2016,” that would limit the use of arbitration agreements in civil rights cases,...more

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