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Mandatory Arbitration Clauses Proposed Legislation

Stark & Stark

United States Senate Judiciary Committee Advances Protecting Older Americans Act Bill

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The United States Senate Judiciary Committee, with bipartisan support, has advanced the Protecting Older Americans Act Bill. The bill, which was introduced by Kirsten Gillibrand, D-N.Y., and Lindsey Graham, R-S.C., heads to...more

CDF Labor Law LLP

Further Erosion of Arbitration From Employment Agreements

CDF Labor Law LLP on

Employers should be concerned that just this week, Democratic lawmakers (Sen. Cory Booker of New Jersey and Rep. Colin Allred of Texas) outlined legislation that would ban the arbitration of claims involving race...more

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

Beltway Buzz - March 2022

President Joe Biden delivered his first State of the Union Address this week. Though it was easy to miss in the speech, workplace policy observers may have noticed that the president briefly pushed for passage of the Paycheck...more

Spilman Thomas & Battle, PLLC

Bill Ending Forced Arbitration of Sexual Assault and Sexual Harassment Claims Heads to President's Desk

Late yesterday, the United States Senate approved a bill that will ban employers from requiring employees to settle sexual harassment and sexual assault claims in arbitration without the option of filing a civil lawsuit. The...more

Poyner Spruill LLP

Congressional Action on Forced Arbitration of Sexual Harassment and Assault Claims

Poyner Spruill LLP on

Congress recently passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, and it is expected to be signed into law by the President.  The Bill allows employees who previously entered into...more

Hogan Lovells

Forced arbitration ban in #MeToo cases: what’s next for employers?

Hogan Lovells on

President Biden is expected to sign into law legislation that prohibits forced arbitration for sex harassment or sex assault claims and creates new considerations for employers who have used such agreements to mitigate...more

McDermott Will & Emery

New Nationwide Ban against the Enforcement of Mandatory Arbitration Agreements in Sexual Misconduct Cases

McDermott Will & Emery on

On February 10, 2022, the US Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act), a bipartisan bill that invalidates and renders unenforceable predispute arbitration...more

ArentFox Schiff

Proposed Federal and State Legislation Will Eliminate Compulsory Arbitration in Sexual Assault and Harassment Cases

ArentFox Schiff on

Following House approval of H.R. 4445 with overwhelming support (335 Yeas to 97 Nays) on February 7, 2022, the Senate approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 by voice vote on...more

Buchalter

Congress Passes the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

Buchalter on

On Thursday, February 9, 2022, the U.S. Senate passed a bill that would prohibit companies from compelling to arbitration cases where there are allegations of sexual assault or sexual harassment, even where an employee has...more

Constangy, Brooks, Smith & Prophete, LLP

#MeToo arbitration bill passes Senate

And on to President Biden, who is expected to sign. Yesterday, the U.S. Senate passed by voice vote the "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act." The legislation passed the House on Monday,...more

Franczek P.C.

Bill to End Forced Arbitration in Sexual Misconduct Cases Passes in U.S. House and Senate

Franczek P.C. on

This morning, the United States Senate passed a bill creating the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The U.S. House of Representatives passed the bill earlier this week, meaning...more

Fisher Phillips

5 Key Takeaways for Employers as #MeToo-Inspired Bill to Limit Arbitration of Sexual Harassment Claims Passes House with...

Fisher Phillips on

Despite being described as “more deeply divided than ever,” Congress is poised to pass a #MeToo-inspired bill with bipartisan support that would prevent employers from enforcing pre-dispute arbitration agreements without the...more

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

U.S. Chamber of Commerce Asks Ninth Circuit to Reconsider Ruling Upholding California’s Mandatory Employment Arbitration Ban

The battle concerning California’s Assembly Bill (AB) No. 51 - the law seeking effectively to ban mandatory employment arbitration in California - continues to rage. On October 20, 2021, the U.S. Chamber of Commerce, the...more

Parker Poe Adams & Bernstein LLP

U.S. House Considers Limiting Mandatory Arbitration Agreements

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

BakerHostetler

[Podcast] The PRO Act: Why You Should Know What It Is and Why It Will Reshape the American Workplace

BakerHostetler on

Peter Fischer and Christian White, two attorneys in BakerHostetler’s Labor and Employment Group, discuss the Protecting the Right to Organize Act, commonly referred to as the “PRO Act,” and discuss how the most transformative...more

Troutman Pepper

Pros And Cons Of Mandatory Arbitration Policies For Employment Disputes

Troutman Pepper on

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

Fisher Phillips

Looking Ahead – California Legislature to Address Dynamex and a Host of New Employment Proposals

Fisher Phillips on

February 22 was the last day to introduce new legislative proposals for the 2019 California legislative year. A whopping 2,576 bill were introduced before the deadline, making for an extremely busy legislative year ahead....more

Payne & Fears

Governor Brown Signs Several Pieces Of #MeToo Legislation Into Law, But Vetoes Others

Payne & Fears on

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

Foley & Lardner LLP

Potential #MeToo-Motivated Laws Address More Than Just Sexual Harassment

Foley & Lardner LLP on

The #MeToo movement has spawned several bills, many of which are aimed at prohibiting private arbitration of sexual harassment claims or outlawing confidentiality provisions in settlement agreements addressing sexual...more

Payne & Fears

AB 3080, Banning Mandatory Workplace Arbitration Agreements, Now Awaits Governor’s Signature

Payne & Fears on

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

Epstein Becker & Green

New York State Enacts Sweeping Sexual Harassment Laws

Epstein Becker & Green on

The 2018-2019 New York State Budget (“Budget”), which was enacted on April 12, 2018, includes several new state laws concerning sexual harassment in the workplace that will affect both public and private employers. (For those...more

Fisher Phillips

Web Exclusive: March 2018: The Top 13 Labor And Employment Law Stories

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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 were an unprecedented number of changes all through 2017. And if the first three months...more

Proskauer - Law and the Workplace

Massachusetts Legislature Considers Prohibiting Mandatory Arbitration of Employment Claims

A bill prohibiting mandatory arbitration of employment-related claims, introduced in late 2017 before the Massachusetts House of Representatives, continues to gain traction in early 2018. The bill (House Bill 4058), which...more

Fisher Phillips

Expect Changes To New York Sexual Harassment Laws In 2018

Fisher Phillips on

Following national attention on the #metoo movement, New York Governor Andrew Cuomo announced plans as part of his State of the State address earlier this month to strengthen New York’s laws on sexual harassment in the...more

Sheppard Mullin Richter & Hampton LLP

The Ending Forced Arbitration of Sexual Harassment Act May Apply To More Than Sexual Harassment

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

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