News & Analysis as of

Arbitration Agreements Sexual Assault

Hinshaw & Culbertson - Employment Law...

How the EFAA Applies to Employee Arbitration Agreements in Sexual Harassment Cases Involving Conduct That Preceded the Law’s...

On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though...more

Jackson Lewis P.C.

Eighth Circuit Decides When a ‘Dispute’ Arises Under the Ending Forced Arbitration Act

Jackson Lewis P.C. on

When a “dispute” arises under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) depends on when the specific facts of the case show a “conflict or controversy” exists between the parties, the...more

Proskauer Rose LLP

California Employment Law Notes - July 2024

Proskauer Rose LLP on

Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more

Miles Mediation & Arbitration

Arbitrability of Sexual Harassment and Sexual Discrimination Cases: Litigating in an Alternative Universe

It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more

Proskauer - California Employment Law

“Dispute” Does Not Exist Under Ending Forced Arbitration Act Until Employee Asserts A Claim Or Demand

Kader v. Southern Cal. Med. Ctr., Inc., 99 Cal. App. 5th 214 (2024) - The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (9 U.S.C. §§ 401, et seq.) became effective on March 3, 2022. A “statutory...more

ArentFox Schiff

Class Action Year in Review: Labor & Employment - March 2024

ArentFox Schiff on

The use of arbitration agreements between employers and employees is a long-standing practice that has become an integral part of employment dispute resolution across the country. Employers often use arbitration agreements...more

Ervin Cohen & Jessup LLP

When Does a “Dispute” Arise Under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act?

In 2022, Congress enacted the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (the “Act”) which provides that, at the election of the person alleging conduct constituting a sexual harassment dispute or...more

Foley & Lardner LLP

Ongoing Battles Remind Employers to Carefully Consider Their Approach to Arbitration Agreements

Foley & Lardner LLP on

Hop into the time machine with me so I can take a quick victory lap before I revert to being the ever-cautious counselor. Way back in October 2019, I not-so-subtly indicated my belief that a California statute banning...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

Fisher Phillips

Tiger Woods Avoids Legal Rough…For Now: 3 Key Takeaways for Employers about Workplace Relationships, Non-Disclosure Agreements,...

Fisher Phillips on

Tiger Woods’ recent legal issues could actually help employers better understand their rights and responsibilities when it comes to workplace relationships, non-disclosure agreements, and arbitration provisions. His former...more

Obermayer Rebmann Maxwell & Hippel LLP

EFAA Update: Only Plausible #MeToo Claims Can Avoid Arbitration

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “EFAA”) has been law for just over a year. The bill was signed by President Biden on March 3, 2022, and amended the Federal Arbitration...more

McDermott Will & Emery

A Win for Employers: Ninth Circuit Holds That California Ab 51 Prohibiting Mandatory Arbitration is Preempted by the Federal...

McDermott Will & Emery on

As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a...more

Fisher Phillips

New York Federal Court Allows Workers to Dodge Arbitration for Claims Brought With Sexual Harassment Case

Fisher Phillips on

A New York federal judge recently shook up the employment law world when he ruled that a new federal law preventing employers from requiring arbitration in sexual harassment claims also blocked arbitration for other claims...more

Smith Gambrell Russell

“Speak Out Act” is now Law; Pre-Dispute NDAs and Non-Disparagement Agreements Are No Longer Enforceable for Claims Involving...

Smith Gambrell Russell on

On December 7, 2022, President Biden signed the “Speak Out Act” into law. The Act, which was introduced by Senator Kirsten Gillibrand, passed with bipartisan support. The Act is the second law this year designed to address...more

Epstein Becker & Green

Congress Passes the Speak Out Act

Epstein Becker & Green on

[UPDATE: On December 7, 2022, President Biden signed the Speak Out Act (the “Act”) into law. This bipartisan legislation, passed by the U.S. Senate on September 29, 2022 and by the House of Representatives on November 16,...more

Jackson Lewis P.C.

How Law Limiting Arbitration Agreements for Sexual Assault, Harassment Claims Affects Construction

Jackson Lewis P.C. on

In an industry often targeted by anti-discrimination agencies, construction industry employers need to be aware of a new law that makes it more difficult to enforce existing arbitration agreements for sexual assault and...more

Jackson Lewis P.C.

Class Action Trends Report June 2022

Jackson Lewis P.C. on

In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault...more

Dorsey & Whitney LLP

Will We Need to Say Goodbye to Our Employee Arbitration Agreements? A To-Do List in Light of the New Federal #MeToo Law.

Dorsey & Whitney LLP on

The New York Times article detailing the accounts of survivors of Harvey Weinstein’s sexual misconduct sparked a wave of revelations and stories from survivors of sexual harassment and abuse in multiple industries throughout...more

Gray Reed

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act – Five Key Takeaways

Gray Reed on

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), prohibiting employers from enforcing predispute arbitration agreements and class...more

Jackson Lewis P.C.

Predispute Employment Arbitration Agreements in Real Estate Industry After Enactment of New Limits

Jackson Lewis P.C. on

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 will have far-reaching implications for real estate employers that, like in many other industries, have relied on mandatory predispute...more

Spilman Thomas & Battle, PLLC

The Impact of "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" on Employer's Arbitration Provisions

On March 3, 2022, President Biden signed into law H.R. 4445, “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” This law amends the Federal Arbitration Act related to arbitration agreements to...more

Bradley Arant Boult Cummings LLP

Closing the gate to arbitrate: New law bans pre-dispute arbitration agreements on sex harassment and abuse claims

On March 3, 2022, President Biden signed the long-titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Seen as a result of the #MeToo movement, this fairly simple amendment to Title 9 of the...more

Miles Mediation & Arbitration

Right Resolution for Wrong Advances – Mediating Employment-Related Sexual Harassment & Discrimination Claims

As a result of recently passed landmark legislation, claimants and litigants can now expect to see a surge in the mediation of workplace sexual harassment and sexual discrimination claims. Under the Ending Forced Arbitration...more

FordHarrison

Time to “Waive” Goodbye to Mandatory Arbitration Agreements? The Case for Utilization of Jury Trial Waivers in Florida

FordHarrison on

Executive Summary - In the early 1990s, roughly two percent of American workers were subject to mandatory arbitration agreements with their employers. By 2018, that number was closer to sixty percent. But while predispute...more

Miles & Stockbridge P.C.

Mandatory Arbitration for Sexual Harassment and Assault Claims Prohibited

Mandatory arbitration agreements for all employment claims will no longer be enforceable under a newly passed law. On March 3, 2022, President Biden signed the Ending Forced Arbitration Act (the “Act”), which invalidates...more

143 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide