News & Analysis as of

Labor & Employment Alternative Dispute Resolution (ADR) General Business

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

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

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

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

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

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

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

SLOW DOWN Congress: You Are About To Render The FAA Inapplicable To Employment Disputes (And Class Waivers), And You Probably...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Pending bi-partisan legislation aimed at preventing employers from enforcing arbitration agreements of sexual harassment claims might make employers unable to enforce arbitration agreements, and class...more

Brazilian Labor Reform: Reshaping the Employer–Employee Relationship

by Jones Day on

The Situation: High unemployment rates, combined with an outdated Brazilian protectionist labor regime that imposed high costs on employers, created the opportunity for a new approach to labor regulation. The Result: Brazil...more

Missouri Supreme Court Punts Two Lawsuits in a Row, on Direct Flights to Arbitration

Arbitration agreements have faced tackles and turbulence in a series of cases litigated in Missouri courts over the past few years. In the fall of 2017, the Supreme Court of Missouri issued two favorable arbitration agreement...more

The Ninth Circuit Rules That both an Arbitrator and a Trial Court May Have a Role in a Case with Individual and PAGA Claims

by BakerHostetler on

Employers, plaintiffs, and courts continue to grapple with the difficult issue of the interplay between the California Private Attorneys General Act (“PAGA”) and arbitration agreements. We’ve addressed these issues several...more

Inside ADR - November 2017

by JAMS on

Dispute Deemed Minor under the Railway Labor Act, Sent To Arbitration - Flight Options, LLC and Flexjet LLC v. International Brotherhood of Teamsters 2017 WL 4583014 United States Court of Appeals, Sixth Circuit The...more

Segway Competitor Rolls Away from Former CEO’s Attempt to Force Arbitration

by Zuckerman Spaeder LLP on

A party seeking to enforce a contract has to show mutual assent, also referred to as “a meeting of the minds.” In other words, both parties actually have to agree on the same thing. If the parties don’t agree, then a contract...more

Employment Law - November 2017 #2

California Court Tosses Arbitration Agreement ‘Permeated’ by Unconscionability - Why it matters - Concluding that an arbitration agreement was both substantively and procedurally unconscionable, a California appellate...more

Pair of NLRB ALJ Decisions Find Unions Violated NLRA

by Proskauer - Labor Relations on

It is mid-November, and the Board is at a full complement, and even has a new General Counsel. While we haven’t seen anything significant (or really, anything at all) come out of the newly constituted Board we know the new...more

USE IT OR LOSE IT! Enforce Your Arbitration Agreement Or Waive Your Right To Arbitrate Your Trade Secret Misappropriation Claims

Earlier this month, a federal court in the Middle District of Tennessee denied an employer’s motion to compel arbitration, finding that it waived its right to arbitration by engaging in litigation....more

Ninth Circuit Snubs Stolt-Nielsen, Holds Generic Employee Arbitration Agreement Permits Class-wide Arbitration

by Carlton Fields on

After an employer allegedly released personally identifiable information of its employees as the result of a phishing scam, plaintiff employee filed a putative class action lawsuit, alleging claims including negligence,...more

More Bumps in the Road for Uber along the Trade Secret Highway

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a California district court decision denying a trade secret defendant’s motion to compel arbitration based on a prior employment agreement between the plaintiff and an...more

Oral Arguments Heard by the Supreme Court on Enforceability of Class Action Waivers in Arbitration Agreements

In July, we reported that the Supreme Court scheduled oral arguments to settle the circuit split of whether mandatory class action waivers violate section 7 of the National Labor Relations Act (“NLRA”). Last month, both...more

Does/Should Your Company Have An Effective Arbitration Agreement?

by Nossaman LLP on

Whether your company should have an arbitration agreement will depend on a multitude of factors and is something to be carefully evaluated and discussed with counsel to make an informed decision. And, if your company already...more

New PBGC-Plan Sponsor Pilot Mediation Project for Early Warning Program and Termination Liability Cases

The Pension Benefit Guaranty Corporation (the “PBGC”) launched a new Pilot Mediation Project to facilitate negotiations with (i) plan sponsors involved in corporate transactions under the purview of the PBGC’s Early Warning...more

870 Results
|
View per page
Page: of 35
Cybersecurity

Follow Labor & Employment Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.