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Employers should be aware of shifts in how arbitration agreements can be presented to employees

Arbitration agreements, which aim to keep legal disputes between employees and employers out of the courts, are becoming more common. However, recent developments have led to significant shifts in how and where enforceable...more

Supreme Court Upholds Class Action Waivers in Employment Arbitration Agreements

The U.S. Supreme Court issued a highly anticipated decision on May 21, 2018, ruling that class and collective action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA) and do...more

Court Refuses to Enforce "Misleading" and "Sham" Arbitration Agreements

Courts usually enforce mandatory arbitration agreements in the employment context if the agreements are not too one-sided. But last month, in Degidio v. Crazy Horse Saloon & Restaurant, 2018 WL 456905 (4th Cir. Jan. 18,...more

Legislators respond to recent sexual harassment scandals by introducing bills to ban arbitration in sex bias cases

Many employers rely on pre-dispute arbitration agreements, usually entered at the beginning of employment, to resolve disputes that may arise during employment in binding and private arbitration rather than in public...more

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