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Alternative Dispute Resolution (ADR) Labor & Employment

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:

Who Decides the Availability of Class Arbitration? Second Circuit’s Analysis Is a Bit Murky in Wells Fargo Advisors Cases

by BakerHostetler on

For years, courts have struggled with who decides the availability of class arbitration and the applicable standards. We most recently addressed the thorny issues in a March 23, 2016, blog post. Unfortunately, a recent Second...more

Electronic Delivery of Arbitration Agreements: Make Sure You Have Proof of Assent

Craig Schmell was a Senior Vice President with Morgan Stanley in Red Bank, New Jersey, until his termination of employment in October 2017. Schmell filed a federal lawsuit claiming his firing constituted discrimination based...more

California Transportation Industry Waives Goodbye To Enforcement Of Federal Arbitration Act Provisions In Employment Contracts

by Jackson Lewis P.C. on

In a loss for the California transportation industry, the Court of Appeal for California’s Fourth Judicial District recently found in Muro v. Cornerstone Staffing Solutions, Inc., that the Federal Arbitration Act (“FAA”) is...more

Microsoft Has Eliminated Mandatory Arbitration of Employee Sexual Harassment Claims. So, What?

The #MeToo movement. The #TimesUp movement. Icons of media and industry brought down by sexual harassment scandals that date back years and decades. All this has led to much discussion in state legislatures, in legal circles,...more

Participation In Litigation To Avoid A Default Judgment Does Not Waive A Party’s Right To Compel Arbitration

by Carlton Fields on

An employer did not waive its right to compel arbitration under an employment agreement by seeking to set aside a default in an employment discrimination suit brought against it by its employee. ...more

Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

by Holland & Knight LLP on

On Feb. 26, 2018, the U.S. Supreme Court granted certiorari in New Prime Inc. v. Oliveira, which should provide guidance as to the circumstances in which the Federal Arbitration Act (FAA) applies to interstate transportation...more

Federal Court Rejects Plan Fiduciaries’ Motion to Compel Arbitration

by Hodgson Russ LLP on

A recent court ruling offers interesting insights as to how a court might analyze the enforceability of arbitration agreements and clauses. An employee of Charles Schwab participated in Charles Schwab’s defined contribution...more

Uber Scores One For Safety With Gun-Policy Win

by Fisher Phillips on

Ride-sharing giant, Uber, has recently faced accusations that it fails to do enough to preserve the safety of its passengers and drivers. However, on February 16, 2018, a federal judge in Florida rejected a challenge to an...more

United States: Another Blow to Employment Arbitration Clauses in Hawaii

by Dentons on

In Gabriel v. Island Pacific Academy, Inc., the Hawai‘i Supreme Court refused to enforce an arbitration clause in an employment agreement where the chosen arbitrator’s standard operating procedures required the employee to...more

California Court Of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims And Not Arbitrable

by Jackson Lewis P.C. on

In Lawson v. ZB, N.A. (2018) 18 Cal.App.5th 705, California’s Fourth District Court of Appeal recently ruled that the two elements comprising damages under Labor Code § 558 – (a) underpaid wages and (b) denominated...more

Independent Contractor Trucker Class Action that Dodged FAA Arbitration Now Moves to the Supreme Court

by BakerHostetler on

As we await the Supreme Court’s decision on the enforceability of class action waivers, the Court has accepted certiorari on another arbitration-related case, this one relating to the application of the Federal Arbitration...more

Court Upholds Termination of Teacher for Sexually Harassing Co-Teacher

by Tucker Arensberg, P.C. on

Neshaminy School District v. Neshaminy Federation of Teachers, 171 A.3d 334 (Commw. Ct. 2017): The Pennsylvania Commonwealth Court held that an arbitrator decision violated public policy by reinstating a teacher after...more

Arbitration Of Wage Hour Claims Controversy Continues Unabated

by Fox Rothschild LLP on

The controversy over whether employees must arbitrate wage claims continues with full force. A federal judge has just sent to arbitration a claim by an employee that the Company violated the Fair Labor Standards Act by not...more

The State AG Report Weekly Update

by Cozen O'Connor on

2018 AG Elections- Maryland Attorney General Brian Frosh Announces Bid for Reelection- Maryland AG Brian Frosh declared his intention to run for reelection to a second term in 2018. Prior to his election to AG in 2014,...more


1. Excluding claims arising from Confidentiality provision from the arbitration clause was substantively unconscionable - In Farrar v. Direct Commerce, Inc., 9 Cal. App. 5th 1257, review filed 4/28/17, a successful...more

The Fourth Circuit Refuses to Enforce Arbitration Clause and Class Action Waiver in Employment Contracts

by BakerHostetler on

As we have previously written, several Supreme Court decisions have upheld, in various contexts, arbitration agreements that waive the right to assert claims on a class basis. See, e.g., AT&T Mobility LLC v. Concepcion, 563...more

Attorneys General Support Ending Arbitration of Workplace Sexual Harassment Claims

by Murtha Cullina on

Last week, the National Association of Attorneys General (NAAG) sent a letter to leaders in Congress, urging the passage of legislation that would prohibit mandatory arbitration of workplace sexual harassment claims. In the...more

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

by Nexsen Pruet, PLLC on

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

Is “Class Arbitration” an Oxymoron — Another Shoe Drops in the Second Circuit

In a series of articles over the past several months, we asked whether “class arbitration” — meaning the utilization of the Fed.R.Civ.P. 23 class action protocol in an arbitration proceeding — is ultimately viable in U.S....more

Gentlemen’s Club Cannot Compel Arbitration Where It Actively Litigated Merits Of Dispute

by Carlton Fields on

The Fourth Circuit upheld a district court’s decision refusing to compel arbitration in a labor dispute between a gentlemen’s club (“Crazy Horse”) and a putative class of entertainers because of Crazy Horse’s extensive...more

You Should Know - February 2018

Despite #MeToo Era, Many Employers Say #NotMe - Major revelations of sexual harassment in the workplace have started a long-overdue movement to protect all workers, but most often women, from a long history of abuse. You...more

Pumping the Procedural Brakes: Arbitration Clause Stays Potential Uber Class Action

by Bennett Jones LLP on

Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors? The Ontario Superior Court recently addressed this...more

States Ask Congress To Prohibit Arbitration In Sex Harassment Claims

by Fisher Phillips on

A unanimous block of attorneys general from all 50 states and the District of Columbia, not to mention several U.S. territories, sent a letter to Congress on February 12th asking federal lawmakers to prohibit the use of...more

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

A First in the Second (Circuit): On Remand, District Court Breaks New Ground by Vacating Arbitrator’s Class Certification Award

by K&L Gates LLP on

In what appears to be a first-of-its-kind ruling, the District Court for the Southern District of New York recently concluded that a federal district court has the authority to vacate an arbitrator’s class certification award...more

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