When a “dispute” arises under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) depends on when the specific facts of the case show a “conflict or controversy” exists between the parties, the...more
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) gives an employee the option of bringing claims related to sexual assault or harassment in court instead of arbitration. The EFAA, however,...more
On March 3, 2022, President Joe Biden signed a law that limits the use of predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims....more
Not surprisingly, OTO, LLC, the employer in OTO, L.L.C. v. Kho, 8 Cal. 5th 111 (2019), on January 13, 2020, petitioned the U.S. Supreme Court to review a 2019 California Supreme Court decision not to enforce an arbitration...more
The Equal Employment Opportunity Commission (EEOC) has rescinded its position that mandatory arbitration agreements that cover employment discrimination claims undermine the enforcement of U.S. anti-discrimination laws. This...more
California has joined a number of states in passing legislation purporting to prohibit mandatory arbitration agreements for sexual harassment and other claims. Such laws have gained popularity in the wake of the #MeToo...more
New York State and New York City each have passed sweeping measures intended to combat harassment in the workplace. Mayor Bill de Blasio is expected to sign the New York City Council’s legislation into law soon. Similarly,...more
4/17/2018
/ Anti-Harassment Policies ,
Arbitration ,
Compliance ,
Confidentiality Agreements ,
Continuing Legal Education ,
Employee Training ,
Employer Liability Issues ,
Governor Cuomo ,
Harassment ,
Mandatory Arbitration Clauses ,
Mayor de Blasio ,
New Legislation ,
Non-Disclosure Agreement ,
Pending Legislation ,
Sexual Harassment ,
State Labor Laws ,
Webinars ,
Workplace Harassment Guidance
The United States Supreme Court heard a one-hour consolidated oral argument in three arbitration cases involving the intersection of the National Labor Relations Act and the Federal Arbitration Act on October 2, 2017. Epic...more
10/3/2017
/ Arbitration Agreements ,
Case Consolidation ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Murphy Oil USA ,
NLRA ,
NLRB ,
Oral Argument ,
SCOTUS
Portions of the “Fair Pay and Safe Workplaces” Executive Order (E.O. 13673), often referred to as the “Blacklisting” or “Bad Actors” Executive Order, will take effect on October 25, 2016, and federal contractor employers are...more
The National Labor Relations Board erred in determining that a company violated the National Labor Relations Act by maintaining and enforcing a mandatory arbitration agreement which prohibited employees from bringing or...more
6/10/2016
/ Administrative Law Judge (ALJ) ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employment Contract ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Split of Authority ,
Unfair Labor Practices
Setting the stage for U.S. Supreme Court review, the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has held that arbitration agreements that prohibit employees from bringing or participating in class or...more