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Arbitration Agreements Race Discrimination

Payne & Fears

July 2024 Case Summaries

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Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

Felicello Law PC

Lessons On Arbitration Carveouts From Diddy-Diageo Suit

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Combs Wines and Spirits LLC, a company owned by Sean “Diddy” Combs, has a long-standing business relationship with Diageo North America Inc. by which Diageo distributes Ciroc Vodka and DeLeon Tequila. In May, Combs filed a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court of Appeal Rules Arbitration Agreement Is Unenforceable

A California appellate court recently denied enforcement of an arbitration agreement because (1) it contained provisions the court found problematic, and (2) the employer presented the agreement to the employee for electronic...more

Carlton Fields

Eleventh Circuit Affirms Order Compelling Arbitration of Discrimination Claims, Rejects Argument That Arbitration Agreement Was...

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In Payne v. Savannah College of Art and Design Inc., the Eleventh Circuit Court of Appeals affirmed a district court order denying a motion to compel arbitration of plaintiff Isaac Payne’s discrimination-based claims. The...more

Proskauer - California Employment Law

Is Arbitration Becoming “Just Somebody That We Used to Know”? — The Beginning of the End of Arbitration

When Congress passed and President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) last year, we predicted it was just the beginning of an all-out federal assault on...more

Franczek P.C.

Federal Court Tackles Issue of Arbitrability in NFL Race Discrimination Suit, with Split Results

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Last year, we wrote about former National Football League coach Brian Flores and his lawsuit in February 2022 alleging racial discrimination against the NFL and several of its teams. In his lawsuit, Flores claimed that the...more

Genova Burns LLC

To Click or Not to Click: NJ Appellate Division Reaffirms Enforceability of Electronic Arbitration Agreements

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On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her...more

DirectEmployers Association

OFCCP Week In Review: June 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Rivkin Radler LLP

The Employment Law Reporter - January 2022

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more

Payne & Fears

Key California Employment Law Cases: May 2021

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Magadia v. Wal-Mart Associates, Inc., No. 19-16184, 2021 WL 2176584 (9th Cir., May 28, 2021) - Summary: An employee lacks Article III standing to bring a PAGA claim in federal court for Labor Code violations that the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Enforces Delegation Clause in Arbitration Agreement

On March 30, 2021, in Bossé v. New York Life Insurance Co. et al., the First Circuit Court of Appeals issued an important decision upholding the enforceability of an arbitration agreement that delegates the arbitrability of...more

Fisher Phillips

The Top 9 Educational Priorities For The Biden Administration

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There is no doubt that President Biden has signaled strong interest in schools and educational reform as a priority for his administration. Obviously, however, battling COVID-19 remains the top priority. Although the...more

Carlton Fields

Court Applies "Summary-Judgment-Like" Approach To Uncontested Motions To Compel Arbitration And Stay Litigation

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The court considered a restaurant franchisee’s motion to compel arbitration, and motion to dismiss, or, in the alternative, stay an employee’s race discrimination and retaliation lawsuit pending the completion of arbitration....more

Fisher Phillips

A Simplified View Of The Supreme Court’s 2019-2020 Workplace Law Term

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Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more

Jackson Lewis P.C.

Ohio Eighth District Court Of Appeals Reverses Enforcement Of Employment Arbitration Agreement

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The Ohio Eighth District Court of Appeals reversed enforcement of an employment arbitration agreement on January 23, 2020, holding that the agreement was both substantively and procedurally unconscionable because it required...more

Saul Ewing LLP

California Employment Law Update 2020: New Year Brings Surge of New Laws and Legal Battles Impacting Employers Doing Business in...

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California businesses should prepare to implement a fresh list of New Year's resolutions, thanks to the influx of new laws, regulations and legal battles that have come about within the first hours of 2020....more

Holland & Knight LLP

New California Labor and Employment Laws for 2020

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In 2019, California enacted numerous labor and employment laws. Unless otherwise noted, each of the laws listed below is effective on Jan. 1, 2020. This Holland & Knight alert highlights selected and significant new laws, as...more

Vedder Price

2020 California Employment Law Roundup

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As 2019 draws to a close, employers in California have a busy new year ahead of them with expanded legal obligations, including significant new legislation regarding independent contractor status and mandatory arbitration...more

Payne & Fears

Key California Employment Law Cases: September 2019

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ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

Faegre Drinker Biddle & Reath LLP

New California Employment Laws for 2020: What Employers Should Know

The California legislature and Governor Gavin Newsom considered and ultimately passed a number of significant laws in 2019 that will affect California employers beginning January 1, 2020. The new laws – some of which were...more

Fox Rothschild LLP

Top 10 List Of California’s Newest Employment Laws

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Our Labor & Employment team has been busy this fall! As loyal readers, your inboxes have been filled with our updates on all the changes to California employment laws. This legislative session ended on October 14th, so we...more

Proskauer - California Employment Law

California Employment Law Notes - September 2019

California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes - OTO, LLC v. Kho, 2019 WL 4065524 (Cal. S. Ct. 2019) - In the most recent chapter of the ongoing saga regarding the enforceability of...more

Littler

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

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The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - May 2019

This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more

Fisher Phillips

Airbnb Joins Uber And Lyft, Ending Mandatory Arbitration For Sexual Harassment And Discrimination Claims

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Airbnb Inc. recently announced it would no longer force its employees who filed sexual harassment lawsuits to settle their claims in private arbitration. The notice came only days after Google and Facebook made similar...more

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