The Chartwell Chronicles: Employment Law
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On March 2, 2021, the United States Court of Appeals for the Ninth Circuit will hear oral argument in a case that could test the boundaries of mandatory arbitration, and determine whether employees can be tethered to...more
The US District Court for the Southern District of New York (SDNY) ruled that an employer’s mandatory arbitration program was unenforceable because its terms were contained in an employee handbook and did not create a binding...more
Seyfarth Synopsis: Everything was smooth sailing with your latest greatest arbitration agreement, but then an employee refused to get on board. What do you do now? Keep reading for a primer on navigating some murky waters....more
This month’s key employment law cases address nonsolicitation provisions and arbitration agreements. AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923, 239 Cal. Rptr. 3d 577 (2018) Summary:...more
Just one month after the former president and commissioner of his BIG3 basketball league named him as a respondent in an arbitration proceeding, Ice Cube hit back in a New York federal court to enjoin the arbitration under...more
A physician sued several healthcare entities for wrongful termination of employment, negligence, breach of contract, and tortious interference with at-will employment. While two of the defendants were signatories to...more
In the last generation, the U.S. Supreme Court has repeatedly promoted the policy under federal law in favor of arbitrating claims, including in the area of employment law. Among other issues, the Court has held on multiple...more
On February 11, 2016, the Court of Appeal for the Second Appellate District in Amparo Gastelum v. Remax International, Inc., et al. (Court of Appeal B263213, Superior Court Case No. BC515487), held a trial court’s order...more
On October 26, 2015, in the case Barr v. Bishop Rosen & Co., the New Jersey Appellate Division issued its first published decision applying the New Jersey Supreme Court’s decision in Atalese v. U.S. Legal Services Group LP to...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
In Brennan v. Opus Bank (9th Cir. 13-35580), published August 11, 2015, the Ninth Circuit ruled on the issue of whether a court versus an arbitrator has jurisdiction over determining the enforceability of a mandatory...more