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Mandatory Arbitration Clauses Pending Legislation

Benesch

Mandatory Arbitration Agreements May Be in Jeopardy

Benesch on

A bill that would prohibit most pre-dispute mandatory arbitration agreements is one step closer to becoming law. The U.S. House of Representatives passed the Forced Arbitration Injustice Repeal Act (“FAIR Act”) yesterday...more

Saiber LLC

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021

Saiber LLC on

On February 10, 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). President Biden has expressed support for the Act and is expected to sign it....more

Akerman LLP - HR Defense

Sexual Harassment Complainants Guaranteed Their Day in Court – Employers Beware the Implications

Since the onset of the #MeToo movement, allegations of sexual harassment in the workplace are frequently spotlighted in the news and on social media. Still, many claims between employers and employees are resolved outside of...more

Kohrman Jackson & Krantz LLP

President Biden Poised To Initiate New Era Of Sex-based Workplace Dispute Litigation

With the passage of H.R. 4445, Congress has discovered a point of agreement: barring the mandatory imposition of arbitration for employees suffering from sexual assault or sexual harassment in the workplace. President Biden...more

Sheppard Mullin Richter & Hampton LLP

Congress Passes Bipartisan Bill to End Mandatory Arbitration of Sexual Harassment and Assault Claims in the Workplace

In a rare display of bipartisanship, Congress recently passed a new law that is poised to eliminate pre-dispute mandatory arbitration of sexual harassment and sexual assault disputes. On February 7, 2022, the House of...more

Goldberg Segalla

President Expected to Sign Bill from Congress Ending Forced Arbitration on Sexual Assault and Sexual Harassment Claims

Goldberg Segalla on

On February 10, 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act), barring an employer’s enforcement of pre-dispute arbitration for claims of sexual assault or...more

Schwabe, Williamson & Wyatt PC

Employers Can No Longer Require Arbitration of Sexual Harassment Claims

On February 10, 2022, a bipartisan group of U.S. legislators passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which amends the Federal Arbitration Act to add a new provision that makes...more

Pullman & Comley - Labor, Employment and...

Congress Approves #MeToo Legislation Prohibiting Compelled Arbitration of Employee Sexual Misconduct Claims

On February 10, 2022, the U.S. Senate approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”). As one might expect based on the name, the Act prohibits employers from requiring employees...more

Procopio, Cory, Hargreaves & Savitch LLP

Congress Moves to End Forced Arbitration of Sexual Assault and Sexual Harassment: What it Means for Employers

In the wake of the #metoo movement, the U.S. Congress has approved and sent to President Biden for his expected signature a modernized Federal Arbitration Act. ...more

CDF Labor Law LLP

Bipartisan Legislation Limiting Mandatory Arbitration of Sexual Harassment or Assault Claims Requires Employers to Re-Examine...

CDF Labor Law LLP on

Over the course of three days, the House and Senate passed HR 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, amending the Federal Arbitration Act (FAA) that is expected to be signed...more

Quarles & Brady LLP

Congress Bars Arbitration of Sexual Assault and Harassment Claims

Quarles & Brady LLP on

In our last alert, What Should Employers Expect in 2022, Non-COVID Edition, we predicted the Senate would pass the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, House Resolution 4445 (the...more

Bricker Graydon LLP

Congress passes bipartisan Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

Bricker Graydon LLP on

On February 10, 2022, the U.S. Senate passed S. 2342, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, with strong bipartisan support. If signed by President Biden, the Act will end the use of...more

FordHarrison

Congress Passes Bill Ending Forced Arbitration of Sexual Assault and Sexual Harassment Claims

FordHarrison on

Following the recent trend of state laws prohibiting mandatory arbitration of sexual assault and harassment claims, the United States Senate passed HR 4445, entitled “Ending Forced Arbitration of Sexual Assault and Sexual...more

Bodman

Senate Passes Bill Ending Mandated Arbitration in Sexual Misconduct Cases

Bodman on

On February 10, 2022, the Senate passed a landmark bill prohibiting enforcement of pre-dispute contract provisions that mandate arbitration for sexual harassment or assault claims. The bill also prohibits a “pre-dispute joint...more

Littler

Congress Passes Bipartisan Arbitration Limitation

Littler on

Last week brought a significant change for employment arbitration, as both houses of Congress approved a bill, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445), which now heads to the...more

Nelson Mullins Riley & Scarborough LLP

EMPLOYER ALERT – Senate Clears Way for Major Shift in Banning Arbitration Agreements and Class Waivers for Workplace Sexual...

On February 10, 2022, the U.S. Senate passed the Ending Force Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”, available here: H.R. 4445).  President Biden is expected to sign the bill into law shortly.  ...more

Burr & Forman

Labor & Employment Podcast Series, Biden’s First 100 Days: A Check-In for Employers.

Burr & Forman on

In episode 6 of the Labor & Employment Podcast Series, Burr Partner Bryance Metheny is joined by Nafela Helou to discuss her recent article titled, Biden’s First 100 Days: A Check-In for Employers. The article takes a wide...more

Burr & Forman

Biden’s First 100 Days: A Check-In for Employers

Burr & Forman on

When Biden took office on January 20, 2021, employers anticipated that we would see widespread changes in federal policy. As we near the half-way point of Biden’s first 100 days in office, we have a clearer idea of how the...more

Ervin Cohen & Jessup LLP

SB 707: California Continues to Attack Arbitration Agreements

Ervin Cohen & Jessup LLP on

Although popular with employers as a method to expedite the resolution of disputes and reduce costs, arbitration is unpopular with plaintiff’s lawyers and, apparently, the California Legislature. As we wrote about here,...more

Ballard Spahr LLP

House passes bill to ban mandatory arbitration agreements; White House threatens veto

Ballard Spahr LLP on

This past Friday, by a vote of 225-186, the House passed H.R. 1423, the “Forced Arbitration Injustice Repeal Act.”  A Senate companion bill (S. 610) was introduced in February 2019 and referred to the Senate Judiciary...more

BCLP

What Employers Need to Know about New York State’s New Discrimination and Harassment Laws: Part 2

BCLP on

On June 19, 2019, the New York Legislature voted to reform New York discrimination law. See NYS Assembly Bill No. A8421.  Although Governor Andrew Cuomo is expected to sign the bill, as of August 7, 2019, it still has not...more

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

Substantial Changes Coming to New York Employment Discrimination Laws

On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. This legislation, once effective, will overhaul New York’s anti-discrimination laws and uproot precedent...more

Proskauer - Law and the Workplace

New York State Set to Further Expand Protections Against Workplace Harassment

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

Seyfarth Shaw LLP

Is California’s Latest Assault On Arbitration Constitutional?

Seyfarth Shaw LLP on

Seyfarth Synopsis. Pending California legislation would make a mandatory arbitration agreement an unlawful practice under the Fair Employment and Housing Act, and a crime. How could that be consistent with the Federal...more

Vedder Price

New York State and City Pass Sweeping Anti-Sexual Harassment Laws Amid #MeToo

Vedder Price on

Following on the heels of the Time’s Up and #MeToo movements, the New York State Legislature and the New York City Council have passed significant legislation aimed at providing greater protection against workplace sexual...more

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