News & Analysis as of

Arbitration Age Discrimination in Employment Act

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
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

Proskauer Rose LLP

Individual Arbitration of ERISA Breach of Fiduciary Duty Claims – Is it Possible and, if So, Is It Worth It?

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As plan sponsors and fiduciaries cope with the increased volume of class action Employee Retirement Income Security Act (ERISA) lawsuits, some have considered the prospects of reducing their exposure through arbitration...more

Rivkin Radler LLP

The Employment Law Reporter - Spring 2021

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Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has dismissed an employment discrimination lawsuit brought by a former employee of the City University of New York. ...more

BakerHostetler

Fifth Circuit Holds That Plaintiffs Too Can Waive Their Right To Arbitrate by Litigation

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Few decisions have considered when a plaintiff waives his right to arbitrate through litigation conduct, but the Fifth Circuit has now done so for the second time. In Sabatelli v. Baylor Scott & White Health, Case No....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

Carlton Fields

Employment Discrimination Claim Compelled to Arbitration Despite Arguments That “Clickwrap” Stock Incentive Agreement and...

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The court granted Aetna’s motion to compel arbitration of a former employee’s age and disability wrongful termination claims that alleged violations of the Age Discrimination in Employment Act, the Americans with Disabilities...more

Fisher Phillips

SCOTUS 2018-2019 Year In Review: “It Means What It Says. . . .”

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Perhaps the most shocking aspect of employment-related cases from the 2018-2019 Supreme Court term that just wrapped up was the number of unanimous decisions – seven of the eight rulings – were agreed upon by all of the...more

Littler

What Employment Issues did the Supreme Court Address this Term, and What’s in Store for 2019-2020?

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The Supreme Court’s October 2018-2019 term began with the highly politicized confirmation of Justice Brett Kavanaugh. But despite some expectations that the new makeup of the Court would be more divided than the previous...more

Constangy, Brooks, Smith & Prophete, LLP

Do Arbitration Agreements Have To Comply With The OWBPA?

I can't imagine why they would. In 2014, I blogged that IBM Corporation had made a conscious decision in its separation agreements to quit including the disclosures required by the Older Workers Benefit Protection Act....more

Carlton Fields

Fifth Circuit Affirms Order Compelling Arbitration of Employment Discrimination Claims by Physician Against Medical Center

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Plaintiff, an emergency room physician, was employed by Defendants, a hospital and its affiliates, pursuant to an employment agreement and subsequent independent contractor agreement, both of which contained an arbitration...more

PilieroMazza PLLC

Weekly Update Newsletter - February 2019

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GOVERNMENT CONTRACTING - According to a Washington Technology article, just because government agencies reopened after five weeks of a shutdown does not mean things return to business as usual. In fact, the article...more

Genova Burns LLC

New Jersey Courts Cannot Agree on Arbitration Assent By E-Mail

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Can an employee assent to arbitration through inaction? A recent decision from the U.S District Court for the District of New Jersey in AT&T Mobility Services LLC v. Horowitz addresses the same arbitration agreement...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Polsinelli

Supreme Court’s New Term Includes Major Employment Cases

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In spite of all the controversy swirling around Judge Brett Kavanaugh’s nomination to take Justice Kennedy's seat, it’s business as usual at the United States Supreme Court as the Justices kicked off a new term on October 1....more

Jackson Lewis P.C.

Supreme Court Preview: 2018-2019 Term

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The U.S. Supreme Court will begin its 2018-2019 Term with a docket full of cases significant to employers and businesses. Cases to watch involve questions on employment discrimination and class arbitration, among other...more

JAMS

Six Steps to Arbitrating an Age Discrimination Case

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Fifty years ago, in 1967, the Age Discrimination in Employment Act (ADEA) was passed by Congress. According to the Department of Labor, it protects “employees 40 years of age and older from discrimination on the basis of age...more

Carlton Fields

Sixth Circuit Affirms Finding Arbitrator Had Reasonable Basis To Deny Wage Discrimination Claim

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Plaintiff raised three arguments in support of her motion to vacate an arbitration award: “(1) that the arbitrator exceed his powers or so imperfectly executed them that a mutual, final, and definite award upon her claims was...more

Seyfarth Shaw LLP

Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions

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Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel...more

Davis Wright Tremaine LLP

Fair Pay and Safe Workplaces Regulation, a/k/a Federal Contractor Blacklisting Regulation

On July 31, 2014, without much public attention, President Obama issued a far-reaching Executive Order, No. 13673, which requires bidders on federal contracts to disclose adverse labor law decisions under more than a dozen...more

Sheppard Mullin Richter & Hampton LLP

Agencies Publish Strict New Reporting Guidelines for Government Contractors

On August 25, 2016, the United States Department of Labor (“DOL”) and Federal Acquisition Regulatory (“FAR”) Council published “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’” (“final rule”). Also...more

Littler

Taking a Closer Look at the New Federal Contractor "Blacklisting" Obligations

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On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...more

Seyfarth Shaw LLP

FAR and DOL Issue Final Rule and Guidance on “Blacklisting” Executive Order

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Seyfarth Synopsis: The Final Rules and Guidance on Executive Order 13673, “Fair Pay and Safe Workplaces” (aka “Blacklisting” Order) have been released. Despite robust comments from the contractor community, the Final Rule...more

Baker Donelson

DOL Presents: The Ghost of Violations Past

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On May 28, 2015, the Department of Labor (DOL) issued proposed guidance for President Obama's infamous Executive Order 13673 – "Fair Pay and Safe Workplaces" (the Order). Although the stated purpose of the Order is "to...more

Carlton Fields

Dodd-Frank Does Not Bar Arbitration Of Claims If Arbitration Agreement Does Not Exempt Dodd-Frank Whistleblower Claims

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The Fourth Circuit affirmed order from the United States District Court for the Eastern District of Virginia compelling arbitration of former employee’s federal claims under the Age Discrimination in Employment Act (ADEA),...more

Sherman & Howard L.L.C.

Whistling Arbitration

In Santoro v. Accenture Federal Services, LLC, No. 12-2561 (4th Cir. May 5, 2014), an employee brought ADEA, FMLA and ERISA claims against a former employer. The employer moved to compel arbitration, and the employee opposed...more

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