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Arbitration Agreements › Employee Handbooks › Mandatory Arbitration Clauses

Burr & Forman

More Than Meets the Eye: TN Court Finds Arbitration Agreement in Employee Handbook Non-Binding

Burr & Forman on

In Mankin Media Systems, Inv. v. Timothy Crowder, No. 19CV-48300W (Jun. 30, 2022), the Court of Appeals of Tennessee reversed the confirmation of an arbitration award because the so-called arbitration clause appeared in the...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Invalidates Arbitration Agreement Contained in Employee Handbook

Parker Poe Adams & Bernstein LLP on

Some employers use mandatory arbitration agreements with employees, intended to have disputes heard through private arbitration instead of the court system. Earlier this week, the Fourth Circuit Court of Appeals (which...more

Morgan Lewis

NY Federal Court Decision Highlights Importance of Careful Drafting of Arbitration Program

Morgan Lewis on

The US District Court for the Southern District of New York (SDNY) ruled that an employer’s mandatory arbitration program was unenforceable because its terms were contained in an employee handbook and did not create a binding...more

Seyfarth Shaw LLP

Mandatory Arbitration Provision Struck Down by the Washington Supreme Court

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Seyfarth Synopsis: The Washington Supreme Court refused to enforce a mandatory arbitration agreement that was contained within an Employee Handbook. ...more

Akin Gump Strauss Hauer & Feld LLP

The New York Supreme Court Enforces New York’s State Law Prohibiting Mandatory Arbitration of Employment Discrimination Claims and...

Akin Gump Strauss Hauer & Feld LLP on

- On July 13, 2020, the New York Supreme Court in Andowah Newton v. LVMH Moët Hennessy Louis Vuitton Inc., Sup. Ct., N.Y. County, July 13, 2020, J. Nock, Index No. 154178/2019, slip op at p. 16, allowed the plaintiff employee...more

Perkins Coie

Washington Court of Appeals Strikes Down Employer’s Arbitration Agreement

Perkins Coie on

In Burnett v. Pagliacci Pizza, Inc., 442 P.3d 1267 (Wash. Ct. App. 2019), the Washington Court of Appeals held that the manner in which an employer communicates its arbitration agreement is crucial for determining whether it...more

Epstein Becker & Green

Employers with Operations in California Must Revise Policies and Practices to Comply with New Law Outlawing Mandatory Arbitration...

Epstein Becker & Green on

As employers with operations in California had feared, Governor Gavin Newsom has signed AB 51, which effectively outlaws mandatory arbitration agreements with employees—a new version of a bill that prior Governor Jerry Brown...more

Proskauer - California Employment Law

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

Proskauer - California Employment Law on

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

Littler

California Court of Appeal Rules Arbitration Agreement In Employee Handbook Is Not Enforceable

Littler on

On August 22, 2016, a California Court of Appeal held that an arbitration agreement in an employee handbook did not create an enforceable agreement to arbitrate. Esparza v. Sand & Sea, Inc. et al., B268420 (Aug. 22, 2016). ...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Mandatory Arbitration Agreement in Employee Handbook is Unenforceable

Parker Poe Adams & Bernstein LLP on

Employers seeking to avoid disputes in court with employees increasingly seek to use mandatory arbitration agreements. Typically, these agreements take the form of stand-alone written documents, signed by both parties....more

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