Alternative Dispute Resolution (ADR) Labor & Employment

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Federal Court in Missouri Holds At-Will Employment Is Not Consideration for Noncompete

The end of the year is an opportune time for employers to make sure their noncompete and arbitration agreements are still valid. A recent Missouri federal court decision underscores how difficult it can be to enforce those...more

Class Action Waivers in Employment Arbitration Agreements? Not as 'Fresh & Easy' as You Think

Many companies require their employees to sign employment agreements in which the employees agree that any claims they have against the company, including class action claims, will be decided only through private arbitration...more

USERRA No Bar to Enforcing Employment Arbitration Agreement, Federal Appeals Court Rules

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) does not prohibit compelling a former employee to arbitrate his USERRA claims under an arbitration agreement, the U.S. Court of Appeals for the...more

Applying Kentucky Law, Sixth Circuit Finds Continued Employment Constitutes Assent To Arbitration Agreement

During the time Plaintiffs Aldrich and Nolan worked as recruiters for the University of Phoenix, they allegedly signed an electronic form acknowledging their understanding of updated terms to the employee handbook. The...more

Employer Alert: Key 2017 Federal Employment Law Updates

Recent federal, state, and municipal employment law developments will have a significant impact on employers in 2017. Employers must update their employee handbooks, employment agreements, arbitration agreements,...more

Employment Law - November 2016 #2

AARP Challenges EEOC’s Wellness Program Regulations - Why it matters - The AARP filed suit against the Equal Employment Opportunity Commission (EEOC) in D.C. federal court, requesting an injunction to halt the...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

Where Are We With the Enforceability of Class Action Waivers in Arbitration Agreements?

With the 9th Circuit’s late summer anti-class action waiver decision, the circuit split widened over the issue of whether employers can require employees, through an arbitration agreement, to waive their rights to bring class...more

Does the NLRA Protect Racist Insults by Picketing Workers?

A case currently under consideration in the Eighth Circuit Court of Appeals deserves watching. The case will determine whether the National Labor Relations Act (NLRA) protects a picketing employee’s right to hurl racist...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

Winds of Change: the NLRB Challenges Confidentiality Agreements and The Obama Administration’s “Call to Action” to Prohibit...

This year, the federal government is challenging contractual provisions that regularly appear in private employment agreements. Both the National Labor Relations Board (“NLRB”) and the Obama administration have challenged the...more

Board Defers to Arbitrator’s Award Upholding Management Rights–But for How Long?

Seyfarth Synopsis: In Weavexx, LLC the Board deferred to an arbitrator’s finding that the employer had the right to change its payday and pay cycle without first bargaining. The bigger question is how much longer will such...more

Legislative Developments Affecting California Employers in 2017 and Beyond

This year has brought many changes that will impact all California employers. This annual report from Greenberg Glusker’s Employment Department summarizes some of the most important employment law developments that will...more

Beauty School (Arbitration) Dropout: Ninth Circuit Bars Belated Attempt to Arbitrate

Defendants who try their hands at litigation on the merits and seek arbitration only after things don’t go their way, risk losing the right to arbitrate—as the Ninth Circuit Court of Appeals made clear in the recent case of...more

The Construct - November 2016

In This Issue: - Election 2016: Where the Candidates Stand on Issues Affecting the Construction Industry: Here we are. The rollercoaster 2016 election ends tomorrow. Millions of Americans have voted already. Polls...more

Employment Law This Week®: White House on Non-Competes, Transgender Bathrooms, Fair Pay and Safe Workplaces, Freelancer Wage... [Video]

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Employer’s Safety Concerns Were Not Sufficient to Avoid its Obligations Under its Collective Agreement

An Employer was required to revert to a previous shift schedule in accordance with its obligations under the collective agreement, notwithstanding its claim that the previous shift schedule was less safe....more

NLRB Assumes a Position on Employee Classification in the On-Demand Economy

Seyfarth Synopsis: By filing a complaint against Postmates, Inc. challenging their arbitration waiver, the NLRB assumed that couriers for Postmates are employees, rather than independent contractors. Earlier this month,...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

Fewer Choices for Employers, More Choices for Employees – The California Legislature Is at It Again

The California State Legislature recently enacted, and the Governor signed into law in late September 2016, two new pieces of legislation that will affect employers with California employees in 2017. Senate Bill (“SB”) No....more

The NLRB Continues To Go After Non-Union Employers in Industries it Has Historically Not Targeted

Seyfarth Summary: The relevance of the National Labor Relations Act to industries and business sectors that have not traditionally had to deal with its implications – such as hedge funds. The New York Times recently...more

"Employment Flash - October 2016"

Spotlight on Whistleblower Protections - On October 24, 2016, the Securities and Exchange Commission (SEC) issued a “risk alert” regarding SEC registrants’ compliance with Rule 21 F-17, which implements Section 21F of...more

Arbitration Provisions in Employment Agreements: The Pros and Cons

When it comes to arbitration provisions in employment agreements, one size does not fit all. Arbitration has significant advantages and disadvantages. Deciding whether to include an arbitration provision in an employment...more

Court Enjoins FPSW Regs: Checklist of Obligations and Status Included

The court preliminarily blocks the Fair Pay and Safe Workplaces’ (FPSW’s) disclosure requirements and arbitration restrictions, providing some relief for federal contractors. On October 24, the US District Court for...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

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