News & Analysis as of September 21, 2024

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 -

Employment Flash - February 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 2/14/2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Court Upholds Termination of Teacher for Sexually Harassing Co-Teacher

Tucker Arensberg, P.C. on 2/26/2018

Neshaminy School District v. Neshaminy Federation of Teachers, 171 A.3d 334 (Commw. Ct. 2017): The Pennsylvania Commonwealth Court held that an arbitrator decision violated public policy by reinstating a teacher after...more

Federal Arbitration Case Update | Compelling and Appealing

JAMS on 6/30/2015

Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management,...more

Harassing Facebook Posts Justify Termination

Allen Matkins on 6/15/2015

A recent labor arbitration decision illustrates that an employer can terminate an employee who uses social media to insult and threaten co-workers in violation of a workplace harassment policy. This case arose when the...more

[Event] Breakfast With Your Labor Lawyer - May 28, Los Angeles, CA

Sheppard Mullin Richter & Hampton LLP on 5/15/2015

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

[Event] Breakfast With Your Labor Lawyer - May 20, Orange County, CA

Sheppard Mullin Richter & Hampton LLP on 5/14/2015

New Year’s Resolution for Missouri Employers: Arbitration Agreements In Light of Jimenez v. Cintas Corporation

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/27/2015

Still looking for a New Year’s resolution? The Missouri Court of Appeals rang in 2015 by refusing to enforce an arbitration agreement between an employer and an employee. The decision continues the robust trend in Missouri of...more

Missouri Court of Appeals Further Restricts Arbitration Agreements

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/27/2015

The Missouri Court of Appeals rang in the New Year by issuing an opinion that continues the trend in Missouri of restricting the enforceability of arbitration clauses. In light of this decision, employers should revisit their...more

New York Assembly Passes Bill Limiting Contractors’ Use Of Arbitration Provisions

Proskauer - Government Contractor Compliance... on 5/7/2014

On May 5, 2014, the New York Assembly passed a bill limiting the use of arbitration provisions for employment claims by businesses that contract with New York State. The bill would prohibit New York state agencies from...more

Employment Law -- Jun 05, 2013

Manatt, Phelps & Phillips, LLP on 6/5/2013

From the Hill: FMLA Amendment and Anti-Arbitration Legislation - Lawmakers on the Hill are considering two employment-related bills that would make changes to the Family and Medical Leave Act and invalidate pre-dispute...more

California Court Upholds Arbitration Agreement

Proskauer - California Employment Law on 1/14/2013

Maribel Baltazar sued her former employer, Forever 21, Inc., alleging she was constructively discharged and subjected to discrimination and harassment based on her race and sex....more

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