Employment Alert: Employers May Benefit from Supreme Court Decision Upholding Arbitration Requirements

more+
less-

In a clear win for employers, on April 1st the United States Supreme Court held, in 14 Penn Plaza LLC v. Pyett, that a provision in a collective bargaining agreement (CBA) that clearly and unmistakably requires union members to arbitrate claims under the Age Discrimination in Employment Act (ADEA) is enforceable. In so holding, the Supreme Court overturned decisions by the United States District Court for the Southern District of New York and the United States Court of Appeals for the Second Circuit, and cast doubt on the continued validity of long-standing precedent.

At issue in Penn Plaza was a provision of the CBA that prohibited discrimination, but that stated “all such claims shall be subject to the [applicable] grievance and arbitration procedures… as the sole and exclusive remedy for violations.”

Please see full alert for more information.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Alternative Dispute Resolution (ADR) Updates, Civil Rights Updates, General Business Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Mintz Levin - Employment Matters | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »