News & Analysis as of September 25, 2024

Hiring & Firing › Arbitration

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

Foster Swift Collins & Smith on 8/7/2024

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Another Blow to E-Signed Arbitration Agreements in California

Ervin Cohen & Jessup LLP on 7/24/2024

Over the last decade, the use of e-signatures has become the norm for human resources departments when onboarding new employees. The advent of resources like DocuSign, Taleo, BabooHR, and others have made this process simple,...more

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Federal Court Rejects Argument That Subsequent Opt-Out of Arbitration Clause Precluded Arbitration

Carlton Fields on 6/5/2024

The U.S. District Court for the Northern District of Illinois has rejected an argument that opting out of arbitration clauses precluded arbitration under prior arbitration agreements in a dispute between Uber drivers and...more

Michigan Supreme Court Declines Application for Leave to Appeal Lower Court’s Vacation of Arbitration Award

Carlton Fields on 5/31/2024

In Michigan AFSCME Council 25 v. County of Wayne, the Supreme Court of Michigan declined an application filed by Michigan AFSCME Council 25 and Affiliated Local 101 for leave to appeal a judgment of the circuit court and...more

Two years into his bias suit against NFL, Brian Flores has little to show for it.

Constangy, Brooks, Smith & Prophete, LLP on 1/23/2024

Arbitration evaders, take note. In February 2022, coach Brian Flores filed a press-grabbing lawsuit accusing the National Football League and its clubs of racially discriminatory hiring practices, the Miami Dolphins of...more

[Webinar] Employment & Employee Benefits Law Update: Staying Compliant in 2024 - November 16th, 1:00 pm - 2:30 pm PT

Nossaman LLP on 11/6/2023

Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law...more

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

Carlton Fields on 10/18/2023

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

Here Are the Top 10 New Laws Coming Soon to California Workplaces and 5 Key Bills the Governor Surprisingly Vetoed

Fisher Phillips on 10/16/2023

California employers know that the new year inevitably brings new workplace laws that are finalized at the end of the state’s legislative session in the fall. This year, state lawmakers considered over 2,700 bills – the most...more

Teacher Discharged for Social Media Posts

Tucker Arensberg, P.C. on 9/22/2023

In the Matter of Arbitration Between Milton Area Education Association and Milton Area School District (Talarico 2022) (Arbitrator sustains discharge of teacher for inappropriate social media posts)....more

2023 Mid-Year Labor and Employment Update

Coblentz Patch Duffy & Bass on 8/15/2023

We are halfway through 2023 so it is a good time to look back on this year’s employment law developments so far and look forward to what lies ahead. What follows is a short overview of the legal changes that we are monitoring...more

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

Fisher Phillips on 7/27/2023

The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

Fifth Circuit Affirms Order Dismissing Tesla Lawsuit in Favor of Arbitration

Carlton Fields on 7/26/2023

In Lynch v. Tesla Inc., the Fifth Circuit Court of Appeals affirmed a district court order adopting a magistrate judge’s recommendation that the plaintiffs’ lawsuit should be dismissed in favor of arbitration. The plaintiffs...more

New Hampshire Supreme Court Vacates Arbitration Award Based on “Plain Mistake” of Law

Carlton Fields on 7/21/2023

The city of Portsmouth terminated a police officer in the wake of a bequest made to the officer by a 92-year-old woman he had met while on duty. The officer had assisted the woman in finding an attorney to draft a new will...more

New York Appellate Court Reverses Order Compelling Arbitration, Holds Collective Bargaining Agreement Arbitration Provisions...

Carlton Fields on 6/29/2023

New York statutes classify certain civil service positions as exempt where such positions are confidential in nature and require personal qualities that cannot practicably be tested by an examination. These positions are...more

[Webinar] Managing Your Workforce During Market Volatility: Separations, Arbitration, Leaves and Accommodations - June 28th, 1:00...

McDermott Will & Emery on 6/19/2023

Employers are facing new and evolving pressures as they navigate economic uncertainty. This leads to questions and concerns about managing their workforces with minimal disruption and in a way that mitigates risk from...more

Time is Money: Addressing Time Theft in the Workplace

Miller Canfield on 6/14/2023

Every minute counts in the workplace, but what happens when employees start stealing worktime for personal gain? This important issue is known as time theft which is the act of employees taking advantage of company time for...more

Ontario, Canada Arbitrator Upholds Reasonableness of Hospital Vaccination Policy Providing for Employment Termination of...

Littler on 6/8/2023

An arbitrator recently issued the first award in Ontario to address and uphold the reasonableness of a hospital vaccination policy that provides for the termination of employment for non-compliance. In Lakeridge Health and...more

Essential Summer Reading List for Employers

Fisher Phillips on 6/6/2023

Summer’s the time to sit back and relax and catch up on some light reading you’ve been meaning to get to. And what better way to spend time poolside or at the beach than to scroll through some links from Fisher Phillips? Here...more

It Is Time to Check Your Onboarding Documents – Employer’s Confidentially Agreement Renders Its Arbitration Agreement...

Sheppard Mullin Richter & Hampton LLP on 5/30/2023

On April 19, 2023, the California Court of Appeal held that an employer’s arbitration agreement was unenforceable because of unconscionable terms found in other documents provided to employees during the onboarding process....more

Seventh Circuit Affirms District Court’s Order Denying Application to Vacate Arbitration Award

Carlton Fields on 5/24/2023

Donald Kinsella was an employee of defendant Baker Hughes Oilfield Operations LLC. In June 2013, he suffered a work-related injury resulting in his disability and receipt of disability benefits for three years. Baker Hughes’...more

Alberta, Canada Arbitrator Finds Grievor’s “Off-Duty” Sexual Assault of Co-Worker is Just Cause for Employment Termination

Littler on 5/8/2023

In Corporation of the City of Calgary v Amalgamated Transit Union, Local 583, 2023 CanLII 20867 (AB GAA), Arbitrator James T. Casey dismissed the union’s grievance of an employee’s job termination, finding that his off-duty...more

End of the Line: Alberta Arbitrator Finds Off-Duty Sexual Assault of Co-Worker By Transit Operator Was Cause for Termination

Stikeman Elliott LLP on 4/6/2023

An Alberta labour arbitrator found an employer was justified in firing a unionized employee for just cause for his off-duty sexual assault of a co-worker. In Corporation of the City of Calgary v Amalgamated Transit...more

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

Franczek P.C. on 3/16/2023

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

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

Genova Burns LLC on 3/14/2023

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

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Hiring & Firing › Arbitration

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