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Labor & Employment Alternative Dispute Resolution (ADR)

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Second Circuit Affirms Court’s Confirmation Of Multiple Arbitration Awards

by Carlton Fields on

This matter involved appeals by appellant Best Made Floors Inc. (“Best Made”) from a December 22, 2016 corrected judgment of a district court confirming two arbitration awards in favor of appellees, and from the district...more

Employment Law - January 2018

New Tax Bill Deletes Deduction for Sexual Harassment Settlements - Why it matters - Employers, take note: The new Tax Cuts and Jobs Act contains a provision that prohibits deductions for settlements or payments related...more

Is the Inability to Perform the Required Duties of the Job Just Cause for a Public Employee’s Discharge? It Depends. (PART I)

In November 2017, the Commonwealth Court of Pennsylvania issued an opinion concerning an arbitrator’s reinstatement of a state correctional officer (“CO”). The CO was responsible for monitoring inmates who worked on the...more

Seventh Circuit Says: Clear Error Standard Applies To Court Review Of Withdrawal Liability Arbitrator’s CBA Interpretation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit has now applied a clear error standard of review to a withdrawal liability arbitrator’s interpretation of a collective bargaining agreement, thus enhancing the role of the arbitrator in...more

To Have or Not to Have: Federal Lawmakers Seek to End Private Arbitration of Sex Harassment Claims in Arbitration Agreements

by Clark Hill PLC on

A group of federal lawmakers recently proposed legislation referred to as the “End Forced Arbitration of Sexual Harassment Act” (the “Act”) which, if enacted, would prevent employers from enforcing mandatory arbitration...more

JAMS Employment Matters - Winter 2017

by JAMS on

The Sunk Cost Fallacy: Why Workers Stay with Bad Jobs, Employers Keep Poorly Performing Employees and More Discovery May Backfire - In economics, a sunk cost is any cost that has already been paid and cannot be recovered....more

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

by Nexsen Pruet, PLLC on

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

Lawmakers Take Aim: Will #MeToo Curb Nondisclosure or Arbitration Agreements?

by Littler on

In 2017, the #MeToo movement highlighted the prevalence of sexual harassment in the workplace, toppling prominent figures in numerous fields. Sexual harassment has been unlawful for decades, of course, yet this vexing problem...more

Vermont Legislative Update 1-5-18 - An analysis from DRM's Government & Public Affairs Team

The merger between the Department of Labor and the Agency of Commerce and Community Development as proposed by the Scott Administration is off the table, but work that was spawned by consideration of the idea has gathered...more

A PAGA Case Cannot Stand Without Standing: Court Of Appeal Affirms Trial Court’s Dismissal Of PAGA Action After The Plaintiff...

by Jackson Lewis P.C. on

In Kim v. Reins International California, Inc. (B278642, Cal. Ct. App., December 29, 2017), the Court of Appeal for the Second Appellate District addressed for the first time the question of whether an employee-plaintiff, who...more

Brexit 2018: The Final Preparations

by Dechert LLP on

2018 is the year that the UK and EU will look to finalise their Brexit deal; to settle the trading arrangements for what could be a lengthy ‘transition period’; and start discussions on the shape of their future long-term...more

Chris Lazarini Analyzes Enforceability of Arbitration Agreement in Employee Handbook

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a court's decision finding an arbitration agreement is valid and enforceable even when located in an employee handbook containing a general disclaimer that the handbook is...more

Arbitration Provision in Employment Agreement Mandate, Well, Arbitration

by Shipman & Goodwin LLP on

Suppose there’s an old employment agreement between the employer and employee. Then the employer fires the employee. But there’s been a few intervening events and it’s not exactly clear that the employment agreement still...more

Los Angeles Jury Awards $17.4 Million to Sanitation Bureau Employee

Continuing an alarming recent pattern of multi-million dollar jury awards, a Los Angeles jury panel recently awarded $17.4 million to a former employee of the Bureau of Sanitation. The employee claimed he had been retaliated...more

A New Year's Resolution for Your Handbooks: Keep Your Arbitration Agreements Out

As the new year quickly approaches, it is a good time to review your company’s handbook and policies. One important issue to look for is whether your arbitration agreement is part of the handbook....more

The Ending Forced Arbitration of Sexual Harassment Act May Apply To More Than Sexual Harassment

Many employers rely on pre-dispute arbitration agreements to resolve employment litigation in private arbitration rather than in court. However, two recent bipartisan bills introduced in Congress may change the employment...more

#MeToo – Is Mandatory Arbitration On The Chopping Block?

by Foley & Lardner LLP on

On an almost daily basis, the news is filled with reported allegations of harassment by news anchors, Hollywood titans, Senate candidates, sitting congressmen, celebrity chefs, network executives and even the president. The...more

Arbitration Provision In Handbook Withstands Judicial Scrutiny In Dismissing FLSA Collective Action: Another Magic Bullet!

by Fox Rothschild LLP on

There has been a great deal of litigation about class action waivers in Employee Handbooks and use of arbitration mechanisms in Employee Handbooks to preclude judicial litigation. A recent New Jersey federal case sheds more...more

The role of mediation in business and human rights disputes

by DLA Piper on

The United Nations Forum on Business and Human Rights brings together business, governments, civil society and the legal profession to develop thinking and share best practice in this emerging area of law and practice. This...more

The Bill That Could End Mandatory Arbitration of Sexual Harassment Claims

by Miles & Stockbridge P.C. on

Given the flood of public sexual harassment accusations in recent months, a bipartisan coalition of lawmakers and celebrities have come together to introduce legislation that would eliminate forced arbitration clauses in...more

Second Circuit Makes It Official (Again): FLSA Claims Are Subject To Arbitration

by Jackson Lewis P.C. on

Stating unequivocally what it previously had assumed, the Court of Appeals for the Second Circuit recently held that FLSA claims are arbitrable, notwithstanding the requirement that FLSA litigation settlements be...more

Beltway Buzz - December, 2017 #3

Washington, D.C., in December is known for its holiday parties, where lobbyists and Hill denizens gather to stab food with toothpicks and knock back cheap—and sometimes not-so-cheap—drinks. Despite all this partying, people...more

The Next Big Thing: Will Employment Agreement Class Action Waivers Clear the U.S. Supreme Court?

by Moore & Van Allen PLLC on

This year important questions regarding the viability of class action waivers in arbitration agreements have moved close to resolution. In July, the Consumer Financial Protection Bureau (CFPB) issued a long-awaited final rule...more

The FLSA And Arbitration

by Fox Rothschild LLP on

I read an interesting post by Daniel Schwartz in the Connecticut Employment Law Blog. It concerned a recent Second Circuit decision that bodes well for employers in the never-ending fight against wage-hour class actions. The...more

The Ending Forced Arbitration of Sexual Harassment Act: A Legislative Response to #MeToo

With sexual misconduct allegations sending shockwaves everywhere from Hollywood to Washington, it should come as no surprise that some legislators are chomping at the bit to pass legislation addressing sexual harassment in...more

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