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Labor & Employment Alternative Dispute Resolution (ADR) Civil Procedure

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

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

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

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

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

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


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

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

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

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

Employment Law Letter - Winter 2018

by Shipman & Goodwin LLP on

2017 was not a good year for the University of Connecticut Health Center when it comes to labor and employment litigation. First the state Supreme Court upheld the decision of a labor arbitrator reinstating an employee who...more

As Supreme Court Class Action Waiver Decision Looms, District Courts Aid Employers Seeking to Enforce Arbitration Agreements

by Faegre Baker Daniels on

At this moment the Supreme Court is considering a consolidated appeal from three federal circuits that have split on the question of whether employees may waive their rights to file a collective action lawsuit under the...more

Fourth Circuit Tosses Arbitration Agreements Signed After Litigation Began

Mandatory arbitration agreements can help employers avoid some of the costs and delays involved in litigation and eliminate the possibility of an uninformed or random jury decision. While courts generally favor agreements to...more

4th Circuit Finds Club Waived Right To Compel Arbitration Of Exotic Dancers’ Claims

In a recent opinion, the Fourth Circuit cited waiver as its basis to refuse to compel arbitration, but the result seems animated by a sense that the arbitration agreements were unenforceable. Degidio v. Crazy Horse Saloon &...more

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

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

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

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

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

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

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