California Employment News: The State of Mandatory Arbitration Agreements in California Employment
Podcast: California Employment News - The State of Mandatory Arbitration Agreements in California Employment
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Arbitration Clauses in Employee Contracts and Beyond
Since the Supreme Court’s 2018 decision in Epic Systems v. Lewis, which deemed class action waivers in employment agreements permissible, employers have increasingly relied upon mandatory arbitration provisions to limit...more
In its decision last term in Epic Systems Corp. V. Lewis, the U.S. Supreme Court concluded that the National Labor Relations Act does not preclude the use of mandatory arbitration agreements in employment which prevent class...more
California has once again passed pro-employee legislation, this time making it increasingly challenging for California employers to use mandatory arbitration agreements, including one containing a class waiver. Absent limited...more
Last May, in Epic Systems Corp. v. Lewis, 584 U.S. __, 138 S.Ct. 1612 (2018), the United States Supreme Court held that employee agreements waiving workers’ rights to class and collective actions, and requiring individualized...more
On August 14, 2019, the National Labor Relations Board (NLRB) issued a ruling clarifying several mandatory arbitration issues following the 2018 decision by the Supreme Court of the United States in Epic Systems Corp. v....more
In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs...more
In a significant decision for employers, the National Labor Relations Board (NLRB) provided new guidance addressing the intersection of arbitration agreements and the National Labor Relations Act (NLRA). The NLRB’s recent...more
On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity since the Supreme Court decided Epic Systems Corp v. Lewis, 584 U.S. __,...more
The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...more
While the U.S. Supreme Court’s recent decisions have generally supported the enforceability of employment-related arbitration agreements, mandatory employment arbitration remains under fire in other contexts. ...more
Q. Our company has a policy providing for mandatory arbitration of employment claims. I heard recently that some companies are moving away from these types of policies. What are the pros and cons of requiring all employees...more
On September 25, 2018, the Ninth Circuit Court of Appeals ended an aggressive five-year legal battle between Uber and its drivers regarding whether or not drivers should be considered employees versus independent contractors....more
Seyfarth Synopsis: In vetoing the California Legislature’s attempt to criminalize arbitration agreements (AB 3080), Governor Brown displayed common sense and the legal learning provided by recent U.S. Supreme Court authority....more
On June 12, 2018, Washington State Governor Jay Inslee issued an executive order that directs Washington agencies to favor government contractors that do not require employees to submit to individual arbitration of claims. ...more
In its recent term, the U.S. Supreme Court held in Epic Systems Corp. v. Lewis that the National Labor Relations Act does not prohibit mandatory arbitration agreements requiring that employment disputes be subject to...more
On May 21, 2018, the United States Supreme Court decided that employers may prevent their employees from filing certain class action lawsuits through a properly drafted arbitration agreement. Epic Systems Corp. v. Lewis,...more
In May in its Epic Systems decision, the U.S. Supreme Court upheld the ability of employers to compel individual mandatory arbitration of employment disputes as an alternative to class or collective action litigation....more
Mandatory arbitration agreements for employees have been enforceable for decades. Over the last several years, there has been an ongoing controversy between the Fifth Circuit Court of Appeals, among others, and the National...more
GOVERNMENT CONTRACTING - Contractors Oppose Proposed Limit on Federal Bid Protests - According to an article in govexec.com, the Senate Armed Services Committee on May 22, 2018 began its markup of the fiscal 2019...more
Last week in a 5-4 decision, the U.S. Supreme Court held in favor of employers in a case that may push an increasing number of companies to use mandatory arbitration agreements with their employees. Arbitration agreements in...more
On Monday, May 21, 2018, in a 5-4 opinion, the United States Supreme Court issued a long-awaited decision in the case, Epic Systems Corp. v. Lewis, on the issue of the enforceability of class action waivers in arbitration...more
Employers across the country started the work week with some positive and long-awaited news. On Monday, May 21, 2018, the U.S. Supreme Court ruled in a landmark case that employment arbitration agreements with class action...more
To the relief of employers across the country, the Supreme Court today ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (NLRA) and are,...more
Seyfarth Synopsis: In one of the most significant employment cases in memory, a sharply divided United States Supreme Court held today that employers may require employees, as a condition of employment, to enter into...more
On May 21, 2018, the Supreme Court of the United States settled the contentious class action waiver issue that has riled courts for the past six years. In a 5-4 opinion, the Court upheld class action waivers in arbitration...more