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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Employment Law Now VI-114-Banning Arbitration of Sexual Harassment/Assault Claims
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Arbitration Clauses in Employee Contracts and Beyond
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
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
In May 2018, the U.S. Supreme Court rejected the argument that the National Labor Relations Act (the “Act”) prohibits mandatory arbitration agreements that contain class and collective action waivers. But that has not stopped...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
Arbitration agreements are a powerful tool in resolving employment actions. As we noted last year, the U.S. Supreme Court ruled in a landmark case that employers can use class and collective action waivers in mandatory...more
Employers may be surprised to learn that the Republican-controlled National Labor Relations Board just issued a unanimous decision invalidating an employer’s mandatory arbitration agreement that could be reasonably...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
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
The U.S. Supreme Court's ruling in Epic Systems Corp. v. Lewis was extended by the U.S. Court of Appeals for the Sixth Circuit last week in Gaffers v. Kelly Services, Inc. ...more
A pizza delivery driver employed by Domino’s Pizza franchisee Cowabunga Inc. filed a collective action under the Fair Labor Standards Act with the National Labor Relations Board. ...more
On May 15, 2018, Maryland Governor Lawrence Hogan approved new legislation intended to respond to the #MeToo movement. Effective October 1, 2018, the “Disclosing Sexual Harassment in the Workplace Act of 2018” (“Act”)...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
AB 3080, a bill inspired by the #MeToo movement that would bar employers from inserting binding arbitration clauses into contracts as a condition of employment, passed the California State Assembly on May 31, 2018. The bill...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
This year important questions regarding the viability of class action waivers in arbitration agreements have moved close to resolution. In July, the Consumer Financial Protection Bureau (CFPB) issued a long-awaited final rule...more
Whether your company should have an arbitration agreement will depend on a multitude of factors and is something to be carefully evaluated and discussed with counsel to make an informed decision. And, if your company already...more
Everyone is talking about the future of class-action waivers in employment arbitration agreements after the Supreme Court launched its new term this month with oral argument in three closely-watched cases—National Labor...more