Disclaimers Arbitration Agreements

News & Analysis as of

Have Your Cake and Eat It, Too? Handbook Contract Disclaimers & Mandatory Arbitration Policies

A New Jersey court recently used the so-called contract “disclaimer” language in an employer’s handbook to preclude the employer from enforcing a mandatory arbitration program contained in that same handbook. The court’s...more

Employers Should Not Rely on Employer Handbooks to Create Enforceable Arbitration Agreements

In a recent published opinion, the New Jersey Appellate Division held that an arbitration clause in an employee handbook was unenforceable because the handbook also contained standard disclaimer language stating that the...more

New Jersey Appellate Court Rules Arbitration Agreement in Employee Handbook Unenforceable

In C.M. v. Maiden Re Insurance Services, LLC, No. L-3622-13 (App. Div. Sept. 18, 2015), the New Jersey Appellate Division held that an employee was not compelled to arbitrate her employment discrimination claims,...more

Fourth Circuit Says Mandatory Arbitration Agreement in Employee Handbook is Unenforceable

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

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

Recent NLRB Decisions Challenge At-Will Disclaimers and May Impact HR Investigations

Earlier this year, in D.R. Horton, Inc., 357 NLRB No. 184 (Jan. 6, 2012), the National Labor Relations Board (“Board” or “NLRB”) held that mandatory arbitration agreements requiring all employment disputes to be resolved...more

NLRB Extends Reach to Nonunion Workplaces

Recent cases challenge at-will employment, confidentiality, dispute resolution, and social media policies in nonunion workplaces. Over the last few years, the National Labor Relations Board (NLRB) has taken more...more

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