News & Analysis as of

Arbitration Agreements Termination

Carlton Fields

Seventh Circuit Affirms Order Compelling Arbitration, Holds Arbitration Agreement Applies to Title VII Claim

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In Retzios v. Epic Systems Corp., the Seventh Circuit Court of Appeals considered an appeal brought by the plaintiff, a former employee of Epic, who was fired after she refused to be vaccinated against COVID-19. The...more

Haynsworth Sinkler Boyd, P.A.

Beyond Silence: South Carolina Supreme Court Ruling Clarifies Acceptance in Employment Arbitration Agreements

In Lampo v. Amedisys Holding, LLC and Leisa Victoria Neasbitt, the South Carolina Supreme Court establishes important legal precedent regarding contract formation for arbitration agreements between employers and employees....more

Proskauer - California Employment Law

Dismissal of Representative PAGA Claim Vacated Following Adolph v. Uber Techs.

Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) - The Ninth Circuit vacated a district court’s dismissal of a former employee’s “non-individual” Private Attorneys General Act (PAGA) claims in the wake of...more

Foley & Lardner LLP

Sufficiently Conspicuous: Arbitration Agreements and Class Action Waivers for Subscription-Based Businesses

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Since its enactment in 2010, California’s Automatic Renewal Law (ARL) has motivated an ever-increasing number of putative class action complaints. The latest surge is due in large part to amendments that went into effect last...more

Genova Burns LLC

To Click or Not to Click: NJ Appellate Division Reaffirms Enforceability of Electronic Arbitration Agreements

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On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her...more

Rivkin Radler LLP

The Employment Law Reporter - January 2022

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more

Jackson Lewis P.C.

Puerto Rico Supreme Court Rules Continued Employment is Valid Consent to an Arbitration Agreement

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The Puerto Rico Supreme Court has confirmed that continued employment may be valid consent to mandatory employment arbitration agreements in a matter of first impression. Aponte et al. v. Pfizer Pharmaceuticals, LLC, CC...more

Carlton Fields

Ninth Circuit Swipes Right on Arbitration of Former Tinder Employee’s Sexual Harassment and Retaliation Claims

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The Ninth Circuit Court of Appeals recently held that a former Tinder employee who asserted claims of sexual harassment by her superiors must arbitrate her claims pursuant to an enforceable arbitration agreement she signed...more

Carlton Fields

Court Compels Employment Dispute to Arbitration, Rejecting Defenses That Arbitration Clause Did Not Survive Termination and That...

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The dispute surrounded the employee’s termination due to an inability to be physically present at the workplace. The employee filed suit in Rhode Island state court, alleging that the employer failed to provide reasonable...more

Carlton Fields

Sixth Circuit Holds Former Employee Required to Arbitrate “Gateway” Questions Concerning Arbitration Agreement’s Coverage,...

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The plaintiff sued his former employer, Charter Communications, asserting Kentucky state law claims arising out of his termination. After the case was removed to federal court in the Western District of Kentucky, Charter...more

Fox Rothschild LLP

California Lawsuit Prevention 101

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It may be the season for a pumpkin latte and too much candy, or finally breaking out those soft sweaters and fuzzy slippers as the weather starts to chill (even in Los Angeles). But it is also the season for new lawsuits. In...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Enforceability of Arbitration Agreement in Employee Handbook

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

Miles & Stockbridge P.C.

USC Responds to Football Coach’s Claims that Termination Was Discriminatory

In October of last year, I wrote in this space about how the firing of Steve Sarkisian as head football coach by the University of Southern California (“USC”) may raise legal issues related to the Americans with Disabilities...more

Mintz - Employment, Labor & Benefits...

Federal Court Requires “Meeting of the Minds” To Enforce Arbitration Agreement Included in Employment Application

Last month, a federal court in Maryland denied an employer’s motion to compel arbitration even though the plaintiff executed an arbitration agreement the employer had included in the plaintiff’s employment application. The...more

Carlton Fields

California Appellate Court Denies Mandamus Petition: Arbitrator Will Decide Whether Arbitration Agreement Permits Class Action...

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An appellate court in California denied Universal Protection Service, LP (“Universal”) and their affiliate’s mandamus petition, seeking to overturn a lower court ruling compelling arbitration. The court found that whether an...more

JAMS

Federal Arbitration Case Update | Compelling and Appealing

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Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management,...more

Carlton Fields

Court Rejects General Unconscionability Argument And Compels Arbitration

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Late last year, a district court judge in Connecticut granted Defendant General Electric’s (“GE”) motion to compel arbitration based on Plaintiff’s signature to GE’s Acknowledgement Conditions of Employment Form. Ms. Pingel,...more

Littler

When Does an Anti-Arbitration Provision Not Prohibit Arbitration of a Dodd-Frank Whistleblower Claim?

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The Dodd-Frank Wall Street Reform and Consumer Protection Act, enacted on July 21, 2010, provides broad whistleblower protections to individuals who report certain possible violations of federal securities laws. Mindful that...more

Proskauer - California Employment Law

CA Supreme Court Holds That Employees Are Bound By Arbitration Agreements Waiving Right To A Labor Comm’r Hearing

Frank Moreno agreed, as a condition of his employment with Sonic-Calabasas A, Inc., to arbitrate all of this employment disputes with his employer. After terminating his employment with Sonic, Moreno filed an administrative...more

Fenwick & West LLP

Fenwick Employment Brief - October 2013

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In Davis v. Kiewit Pacific Company, Lisa Davis, a heavy machine operator and one of two female employees at a 100-employee excavation project, prevailed in her claims of gender discrimination, hostile work environment, and...more

Proskauer Rose LLP

Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive...

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On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in...more

Fenwick & West LLP

Fenwick Employment Brief - February 2013

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In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

Proskauer - California Employment Law

California Court Upholds Arbitration Agreement

Maribel Baltazar sued her former employer, Forever 21, Inc., alleging she was constructively discharged and subjected to discrimination and harassment based on her race and sex....more

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