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
As featured in #WorkforceWednesday: This week, we’re highlighting the National Labor Relations Board’s (NLRB’s) crackdown on confidentiality and non-disparagement provisions in severance agreements, a U.S. Supreme Court...more
The U.S. Senate Committee on the Judiciary held hearings this week on Judge Ketanji Brown Jackson’s nomination to be an associate justice of the Supreme Court of the United States. Republican senators focused on Judge...more
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
For the last four years, California employers have mostly been focused on changes in state and local law, as the Trump administration has done little to regulate employers. Later this month, when the administration changes in...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
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
. . . if they do it right. (Part 3 of a four-part series.) The National Labor Relations Board recently ruled that an employer may impose a mandatory arbitration program with a class or collective relief waiver after a...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
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
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
You may have recently heard something about arbitration agreements in the news, and you might be wondering whether your dealership should do anything about it. Some quick background: over the last decade, the use of...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
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
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