News & Analysis as of

Labor Disputes Arbitration

Carlton Fields

Ninth Circuit Compels Arbitration of Plaintiff’s Individual Labor Claims Under PAGA, Remands Non-Individual Claims

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In Johnson v. Lowe’s Home Centers LLC, the Ninth Circuit Court of Appeals affirmed a district court order granting defendant Lowe’s motion to compel arbitration of plaintiff Maria Johnson’s individual claims brought under...more

Seyfarth Shaw LLP

PAGA Paraphrased – DeMarinis v. Heritage Bank of Commerce

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Seyfarth Synopsis: The first reported PAGA case of 2024 serves as a reminder of the importance of precise language for an enforceable PAGA waiver and the risks of including a “poison pill” provision in a...more

JAMS

The Evolving Nature of Employment Disputes and How ADR Offers an Effective Means of Resolving Issues

JAMS on

While the nature of the work environment has been evolving over the past few years, employment disputes remain a constant. Clearly, COVID has impacted the workplace and has led to a host of disputes across nearly every...more

Proskauer Rose LLP

What Forced Arbitration Ruling Means For Calif. Employers

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On Wednesday, in a surprising turn, the U.S. Court of Appeals for the Ninth Circuit reversed in part a 2020 preliminary injunction issued by a district court and resurrected California Labor Code Section 432.6, the Golden...more

Littler

Canada: Ontario Superior Court Holds Labour Arbitrator Has Exclusive Jurisdiction to Resolve Dispute Relating to Workplace...

Littler on

In De Facendis v. Toronto Parking Authority, the Ontario Superior Court of Justice held that when a claim for workplace sexual harassment and workplace sexual assault “arises under the collective agreement,” a labour...more

Hogan Lovells

Strategic litigation considerations for employers in light of the Virginia Values Act

Hogan Lovells on

As explained in greater detail in a prior alert, Virginia has enacted a number of new employment laws that increase employee rights and protections. Most of these new laws took effect on July 1, 2020....more

Carlton Fields

District Court Compels Arbitration for Claims Against Supervisor Despite Plaintiff’s Claims Regarding Never Seeing or Signing...

Carlton Fields on

The U.S. District Court for the District of Nebraska recently granted a defendant’s motion to compel arbitration despite a plaintiff’s claims that she had never seen or signed the employment agreement containing the...more

Epstein Becker & Green

Not So Fast – Federal Court Issues TRO to Enjoin Enforcement of New California Arbitration Statute

Epstein Becker & Green on

We recently wrote about a new California law set to go into effect on January 1, 2020 that would outlaw mandatory arbitration agreements with employees....more

Littler

Enforcement of California’s Anti-Arbitration Law Put on Hold

Littler on

A federal court in California has prevented, at least for now, an expansive anti-arbitration law from taking effect on January 1, 2020.  Under Assembly Bill (AB) 51, enacted on October 10, 2019, employers cannot require...more

Smith Debnam Narron Drake Saintsing & Myers,...

Congress Continues To Examine Forced Arbitration

An historic piece of legislation was passed in the U.S. House of Representatives on September 20, 2019. The Forced Arbitration Injustice Repeal (FAIR) Act, (HR 1423) was introduced by Rep. Johnson (D-GA-4). The FAIR Act...more

Ballard Spahr LLP

House Judiciary Subcommittee Hears Testimony on Arbitration Agreements

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A subcommittee of the House Judiciary Committee recently held a hearing titled “Justice Denied: Forced Arbitration and the Erosion of our Legal System.”...more

Seyfarth Shaw LLP

Halloween Bill Provides A Scare By Seeking To Prohibit Workplace Arbitration Altogether

Seyfarth Shaw LLP on

Seyfarth Synopsis: Congress has once again proposed legislation that would seek to ban mandatory workplace arbitration of employment claims, despite a string of United States Supreme Court decisions upholding arbitration and...more

Akin Gump Strauss Hauer & Feld LLP

En Banc 9th Circuit: No Arbitration of State Claims by Unionized Employees, Unless Collective Bargaining Agreement Must Be...

• To compel a union employee’s state law claim into arbitration based on RLA or LMRA preemption, an employer must prove that (1) the CBA is the “only source” of the right that the employee asserts and (2) litigating the state...more

Seyfarth Shaw LLP

Arbitration And The Increasingly Political Judiciary—Should Employers (And Employees) See Arbitration As The More Neutral Forum?

Seyfarth Shaw LLP on

Seyfarth Synopsis: The trend-lines describe employment-related litigation in the past 25 years: (1) the emergence of arbitration as a flexible and increasingly legally viable to resolve employment claims...more

Polsinelli

The NLRB Encourages the Use of its Alternative Dispute Resolution Program

Polsinelli on

The National Labor Relations Board (“NLRB” or “Board”) is looking to enhance the use of its Alternative Dispute Resolution (“ADR”) program, which was established in 2005 to assist parties in settling unfair labor practice...more

Seyfarth Shaw LLP

SLOW DOWN Congress: You Are About To Render The FAA Inapplicable To Employment Disputes (And Class Waivers), And You Probably...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Pending bi-partisan legislation aimed at preventing employers from enforcing arbitration agreements of sexual harassment claims might make employers unable to enforce arbitration agreements, and class...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2017

California Appeals Court: Employee Must Arbitrate Employment Dispute - Why it matters - Holding that an employee was equitably estopped from denying a defendant’s right to arbitrate an employment dispute, a California...more

Littler

Decreto por el que se declaran reformadas y adicionadas diversas disposiciones de los artículos 107 y 123 de la Constitución...

Littler on

Con fecha 24 de febrero del año en curso, ha sido publicada en el Diario Oficial de la Federación el Decreto por el cual se reforman los artículos 107 y 123 de la Constitución Política de los Estados Unidos Mexicanos en...more

Littler

Mexico: Decree Amending Articles 107 and 123 of the Constitution of the United Mexican States Published

Littler on

On February 24, 2017, Mexico's Official Gazette published the Decree issued by President Enrique Peña Nieto amending Articles 107 and 123 of the Constitution of the United Mexican States, which deal with labor proceedings and...more

Littler

Dictamen sobre la iniciativa de decreto por el que se reforman y adicionan diversas disposiciones de la Constitución Política de...

Littler on

El pasado 13 de octubre de 2016 se aprobó por unanimidad dentro del Senado de la República el proyecto de reforma por el que se modifican y adicionan diversas disposiciones de la Constitución Política de los Estados Unidos...more

Littler

Mexico: Senate Approves Initiative to Amend Labor Justice Provisions of Mexican Constitution

Littler on

On October 13, 2016, the Senate of the Republic unanimously approved an initiative that amends several of the Labor Justice provisions of the Mexican Constitution regarding employment dispute hearings and union...more

Carlton Fields

Ninth Circuit Affirms Denial Of Motion To Compel Arbitration

Carlton Fields on

In an unpublished decision, the Ninth Circuit recently affirmed a California district court’s denial of a motion to compel arbitration. The case involves claims brought by a putative class action of exotic dancers under...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Missouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement

In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled...more

Stoel Rives LLP

NLRB Attempts to Make an End Run Around Courts Invalidating its Rulings on Arbitration Agreements

Stoel Rives LLP on

On October 28, 2014, the National Labor Relations Board (“NLRB”) issued its decision in Murphy Oil USA Inc., once again attempting to prohibit employers from requiring employees to enter into agreements to arbitrate...more

Epstein Becker & Green

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

Epstein Becker & Green on

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

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Updated: Dec 28, 2021:

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Privacy Officer
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Sausalito, CA 94965

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