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Labor & Employment Alternative Dispute Resolution (ADR) Elections & Politics

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

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

Four Employment Law Issues to Watch in 2018

by Zuckerman Spaeder LLP on

1. Does Title VII Protect Against Discrimination Based on Gender Identification or Sexual Orientation? The Supreme Court has not yet resolved whether Title VII of the Civil Rights Act—which forbids discrimination 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

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

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

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

Could Congress Ban Arbitration Of Sex Discrimination And Harassment Claims?

by Fisher Phillips on

A bipartisan group of federal legislators has turned their attention to the sweeping revelations of sexual harassment in the American workplace by introducing a bill that would prevent employers from forcing claims of sex...more

Mainstream Recognition of Sexual Harassment Prompts Bill Prohibiting Arbitration

by Murtha Cullina on

Allegations of sexual harassment and misconduct against business leaders, politicians and artists, have become a front page staple of newspapers across the country. Many are shocked by the allegations and claim to wonder how...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

California's "New Employee Leave Act" Will Impact Small Businesses

by Stinson Leonard Street on

While parental leave rights under existing California and federal law only applied to employers with 50 or more employees, a new California law extends employee parent leave rights – and corresponding employer obligations –...more

The Changing Landscape of Labor and Employment Law under the Trump Administration

by Cohen & Grigsby, P.C on

Abolishing the Federal Contractor “Blacklisting” Rule - In March 2017, President Trump issued an Executive Order revoking, and signed a resolution disapproving, President Obama’s Fair Play and Safe Workplaces Executive...more

The Ground Continues to Shift in Wage and Hour Law

by Epstein Becker & Green on

A year ago, employers across the country prepared for the implementation of a new overtime rule that would dramatically increase the salary threshold for white-collar exemptions, on the understanding that the new rule would...more

Federal Government Does About-Face on Enforcement of Arbitration Agreements in Employment Contracts

by Foley & Lardner LLP on

One of the changes in approach that the current administration has taken to the legal system—a change often overshadowed by other headlines—is the current administration’s willingness to enforce arbitration clauses. While...more

Fenwick Employment Brief - Summer 2017 Update

by Fenwick & West LLP on

California Legislative and Agency Update - Read about the latest California cities to increase hourly minimum wages, newly expanded transgender protections, criminal background check limitations and other changes in...more

Trump Department of Justice Reverses Course on Class Action Waivers

by Foley & Lardner LLP on

On June 16, 2017, the United States Department of Justice (DOJ) changed its position with respect to the enforceability of class action waivers in the labor and employment context. The move came via the DOJ’s filing of an...more

New Rules Applicable to NYC’s Freelance Isn't Free Act Prevents Covered Employers from Utilizing Arbitration Provisions and Class...

by Littler on

New York City’s Freelance Isn’t Free Act goes into effect on July 24, 2017. Anticipated rules to “clarify” the Act, which amend Title 6 of the City’s Rules by adding a new chapter 12, have now been promulgated by the...more

New Administration Dismantles More Of Obama Arbitration Regulations

It was only a few weeks ago that this blog covered the reversal of the CMS regulation on arbitration in nursing homes. Now, the Trump Administration has altered course on two other issues of arbitration policy....more

Update on Bill 17: The Fair and Family-friendly Workplaces Act

by Field Law on

Bill 17: The Fair and Family-friendly Workplaces Act became law on June 7, 2017, when it received Royal Assent. As noted in our earlier Alert, which set out the highlights of the Bill, the effective dates for each Part of the...more

Justice Gorsuch Likely To Have Significant Impact on Labor and Employment Cases Before the U.S. Supreme Court

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With Justice Neil Gorsuch joining the Supreme Court in April, and the apparent re-emergence of a 5-4 split, we expect to see the Court issue more expansive opinions and be less reticent to grant...more

Congress Considers Limiting Pre-dispute Arbitration Agreements in the Employment Context

Many employers require employees to sign arbitration agreements at the inception of the employment relationship and prior to any disputes, such as part of their new hire packets or as a condition of their employment. ...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak - March 2017

At its February 21, 2017 and March 2, 2017 meetings, the General Assembly’s Labor and Public Employees Committee began the process of approving bills. The following is a listing (with a brief description) of the proposed...more

Supreme Court Postpones Consideration of Class Action Waivers Until 2017 Term

by Benesch on

In one of our previous posts, we highlighted that the United States Supreme Court granted review to address the legality of class action waivers in arbitration agreements among employers and employees. The case, NLRB v....more

Congress in Process of Passing Disapproval Resolution of Blacklisting Regulations

by Seyfarth Shaw LLP on

On February 2, 2017, by a vote of 236 to 187, the U.S. House of Representatives approved a joint resolution of disapproval to block the Final Rule implementing President Obama’s Executive Order 13673, “Fair Pay and Safe...more

Good Things Come To Those Who Wait? Supreme Court Delays Class Waiver Decision Until Next Term

by Fisher Phillips on

A Full Complement Of SCOTUS Justices Bodes Well For Employers - When the U.S. Supreme Court announced several weeks ago it would settle a dispute about whether employers can use mandatory class action waivers with their...more

The Gorsuch Nomination: The Return of the Business Friendly Court?

Assuming Judge Gorsuch's confirmation, the Court will add a Justice with extensive commercial litigation experience, a particular expertise in antitrust and securities law, and a track record on the bench that demonstrates a...more

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