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
#WorkforceWednesday: New Law on Arbitration of Sexual Harassment Claims, Cyber War Ramps Up, Salaried Nonexempt Status - Employment Law This Week®
Employment Law Now VI-114-Banning Arbitration of Sexual Harassment/Assault Claims
Labor & Employment Podcast Series, Biden’s First 100 Days: A Check-In for Employers.
Arbitration Clauses in Employee Contracts and Beyond
In the wake of the #MeToo movement, several states, such as California, have taken steps to ban mandatory arbitration clauses that cover claims of sexual harassment and assault. However, such prohibitions have decidedly not...more
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
New York continues to expand its protection of employees in the workplace with a series of laws significantly increasing the responsibilities and potential liability of New York employers. New York State has enacted...more
As we previously reported, the New York State Senate and Assembly passed an omnibus bill that overhauls New York’s antidiscrimination laws and uproot precedent upon which employers have relied for decades in defending...more
New York State lawmakers have approved broad legislation that will lower the burden on plaintiffs seeking to prove claims of workplace harassment under the New York State Human Rights Law (NYSHRL), as well as extend the...more
New Jersey recently enacted new legislation (NJ SB 121) that deems the inclusion of nondisclosure provisions regarding “the details relating to a discrimination, retaliation, or harassment claim” as against public policy and...more
On March 18, 2019, New Jersey Governor Phil Murphy signed S121 (“Law”), a measure that will have immediate and significant impact on the enforceability of “waiver of rights” provisions in employment contracts and...more
Employers in New Jersey will need to immediately adjust their employment contracts and settlement agreements to come into compliance with a sweeping new law that just took effect. New Jersey’s governor just signed Senate Bill...more
A year ago, sexual assault allegations against movie mogul Harvey Weinstein rocked the entertainment industry and quickly led to the rise of the #MeToo movement, sparking an upsurge of reports and claims of sexual harassment...more
This weekend Governor Brown signed many laws that were authored and gained traction in response to the #MeToo movement: New Restrictions On Confidentiality Of Sexual Harassment/Discrimination Settlements - Senate Bill...more
On September 30, 2018, for the final time during his tenure as Governor, Governor Jerry Brown acted on a series of bills passed by the legislature that would have far-reaching consequences for employers. Though employers can...more
On August 22, 2018, the California Senate voted to approve AB 3080, a bill prompted by the #MeToo movement against sexual harassment. Nominally, the bill is intended to combat the use of mandatory arbitration agreements and...more
A New York judge recently rejected an employer’s attempt to force an employment claim into arbitration due to a poor choice of wording in the written agreement. The August 7 decision might draw attention because of the...more
The “Disclosing Sexual Harassment in the Workplace Act” goes into effect on October 1, 2018, creating new potential liability and obligations for employers. The new law invalidates any employment contract or policy that...more
Sweeping new legislation in New York aims to prevent and shine light on sexual harassment. New York State employers will soon be prohibited from mandating arbitration of sexual harassment claims. They must also obtain...more
In the wake of the #MeToo movement and the nationwide discourse over the prevalence of sexual harassment in the workplace, New York State and New York City have taken aggressive steps to implement stronger protections against...more
New York State and New York City each have passed sweeping measures intended to combat harassment in the workplace. Mayor Bill de Blasio is expected to sign the New York City Council’s legislation into law soon. Similarly,...more
Seyfarth Synopsis: The New York Legislature has passed, and Governor Andrew M. Cuomo is expected to sign, a bill that will, among other things, prohibit all employers from requiring employees to arbitrate claims of sexual...more
Many employers rely on pre-dispute arbitration agreements to resolve employment litigation in private arbitration rather than in court. However, two recent bipartisan bills introduced in Congress may change the employment...more
On an almost daily basis, the news is filled with reported allegations of harassment by news anchors, Hollywood titans, Senate candidates, sitting congressmen, celebrity chefs, network executives and even the president. The...more
The EEOC is targeting the “21st-century workplace” by focusing on gig economies and the technology sector in its new Strategic Enforcement Plan. The new Enforcement Plan also targets what the EEOC calls “complex employment...more
The California Supreme Court has held that an arbitrator, rather than a court, has the power to decide whether class claims can proceed in arbitration, where the parties’ arbitration agreement is ambiguous on the question....more
In Carlson v. Home Team Pest Defense, Inc. (Ct. of Appeal A142219), published August 17, 2015, the Court of Appeal held that an employer’s arbitration clause which allowed only the employer to file lawsuits for certain...more
President Obama's re-election, a newly active NLRB, and important decisions pending before the Supreme Court promise to make 2013 an interesting year in labor and employment law – domestically and internationally. Here is a...more