Invoking the “upside down world” depicted in Netflix drama, Stranger Things, the federal District Court for the Northern District of Florida blocked Florida’s Individual Freedom Act (IFA) on constitutional grounds....more
Massachusetts Governor Charlie Baker has signed the Creating a Respectful and Open World for Natural Hair Act (CROWN Act) into law, making Massachusetts the 18th state to enact such a law....more
There are two key cases pending before the U.S. District Court for the Northern District of Florida on Florida’s “Stop W.O.K.E. Act”: the Falls, et al. v. DeSantis, et al., matter (No. 4:22-cv-00166) and the Honeyfund.com, et...more
In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault...more
6/29/2022
/ Arbitration ,
Arbitration Agreements ,
CAFA ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Department of Labor (DOL) ,
Enforceability ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Personal Jurisdiction ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
SCOTUS ,
Severance Agreements ,
Sexual Assault ,
Sexual Harassment ,
Wage Statements
Bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only, the U.S. Supreme Court has held....more
A party is not required to show prejudice to establish that an opposing party has waived its right to arbitrate by litigating in court, the U.S. Supreme Court has held in a unanimous decision....more
Governor Ron DeSantis has signed HB 7, nicknamed the “Stop W.O.K.E. Act,” which stands for “Stop the Wrongs to Our Kids and Employees.” The new law’s stated purpose is to protect individual freedoms and prevent discrimination...more
Do an airline’s ramp workers qualify as “transportation workers” exempt from the Federal Arbitration Act (FAA)?
This question is pending before the U.S. Supreme Court in Southwest Airlines Co. v. Saxon (No. 21-309), a...more
A federal court must have an independent jurisdictional basis to confirm or vacate an arbitration award and cannot “look through” to the underlying dispute to establish jurisdiction, the U.S. Supreme Court has ruled in a case...more
The Florida legislature has passed a measure with the stated purpose of protecting individual freedoms and preventing discrimination in the workplace and in public schools. The measure, however, will likely expand an...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
A new law making predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims invalid and unenforceable has passed in Congress and is headed to President Joe Biden’s desk....more
Passed by the U.S. House of Representatives on February 7, 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445) would amend the Federal Arbitration Act (FAA) to make predispute...more
The U.S. Supreme Court has agreed to consider whether the Federal Arbitration Act (FAA) requires enforcement of a bilateral arbitration agreement mandating that claims be brought on an individual basis and that employees may...more
The Federal Arbitration Act (FAA) only partially preempts California’s bar on mandatory arbitration agreements in employment, the U.S. Court of Appeals for the Ninth Circuit has held, vacating the preliminary injunction that...more
Following the “Combating Race and Sex Stereotyping” Executive Order (EO), which requires the Office of Federal Contract Compliance Programs (OFCCP) to set up a hotline and investigate complaints of violations, OFCCP has...more
Connecticut Governor Ned Lamont has signed a bill that requires the police to undergo “implicit bias training” effective immediately.
The Connecticut General Assembly convened in a special session to consider a...more
Employers are struggling to balance competing priorities during the COVID-19 pandemic. These include, for example, reducing costs, maintaining workforces, and ensuring employee safety and economic welfare. In many states, a...more
The current circumstances surrounding the COVID-19 crisis have brought paid family and medical leave to the forefront of the national consciousness. While the federal government and other states have created new, immediately...more
The State of California has filed a notice of appeal of the district court’s decision granting a preliminary injunction enjoining the State from enforcing Assembly Bill 51 (AB 51) against employment arbitration agreements...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 Ohio Eighth District Court of Appeals reversed enforcement of an employment arbitration agreement on January 23, 2020, holding that the agreement was both substantively and procedurally unconscionable because it required...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 employers may face harsh consequences for failing to pay arbitration fees on time under a bill (Senate Bill 707) signed by Governor Gavin Newsom on October 13, 2019. The new law go into effect on January 1, 2020....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