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Arbitration Adverse Employment Action

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Carlton Fields

Michigan Supreme Court Declines Application for Leave to Appeal Lower Court’s Vacation of Arbitration Award

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In Michigan AFSCME Council 25 v. County of Wayne, the Supreme Court of Michigan declined an application filed by Michigan AFSCME Council 25 and Affiliated Local 101 for leave to appeal a judgment of the circuit court and...more

Fisher Phillips

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

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The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

Littler

British Columbia, Canada: Arbitrator Upholds Electricity Provider’s Vaccination Policy But Severs Discipline Aspect as...

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In BC Hydro and Power Authority and IBEW, Local 258, Re, 2022 CarswellBC 837, Arbitrator Gabriel Somjen decided that the mandatory vaccination policy of BC Hydro, British Columbia’s primary electricity supplier, was...more

Littler

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

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On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Polsinelli

Ninth Circuit Decision Creates Uncertainty for California Employers Using Mandatory Arbitration Agreements

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On September 15, 2021, the Ninth Circuit, in a 2-1 split decision, partially upheld a California law passed in 2019 governing the use of mandatory arbitration agreements by employers in California.  The state law, AB 51...more

CDF Labor Law LLP

Ninth Circuit Allows CA to Enforce Its Latest Anti-Arbitration Law

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On Wednesday, a Ninth Circuit panel lifted an injunction that prevented California from enforcing a law that prohibited employers from requiring employees and applicants to arbitrate work-related claims....more

Miller Canfield

NLRB Extends Its Gift-Giving Season to Employers

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The National Labor Relations Board (NLRB) closed 2019 with several decisions and rule changes that overturned recent board precedent and revived older, more employer-favorable standards. On December 16, 2019, the NLRB...more

Foley & Lardner LLP

NLRB Holds That Employers May Modify Arbitration Agreements, Threaten Workers to Sign After Commencement of Class Action Lawsuit

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As we have previously written, the issue of employment arbitration agreements and their effect on class action matters has been an area of significant evolution over the years. Last week, on August 21, 2019, the National...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Holds That Employers May Implement Class Waivers in Response to Class Claims and Discipline Employees Who Refuse to Sign...

Employers wishing to implement class action waivers in response to class claims and discipline employees who refuse to sign them just got some very good news from the National Labor Relations Board (NLRB or Board) in Cordua...more

Hogan Lovells

Mandatory Arbitration Provision Enforceable in Sexual Harassment Case Despite Recent NY Law

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On June 26, 2019, Judge Denise Cote, of the Southern District of New York, granted a motion to compel arbitration of an employment discrimination, retaliation and sexual harassment claim—despite recently passed NY law, NY...more

Carlton Fields

West Virginia Supreme Court Reverses, Finds “Delegation Clause” in Employment Arbitration Agreement Neither Ambiguous nor...

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Petitioners, two Rent-A-Center entities, moved to compel arbitration of a lawsuit by Anita Ellis alleging that Rent-A-Center unlawfully terminated her employment for seeking workers’ compensation benefits....more

Sheppard Mullin Richter & Hampton LLP

Did New Jersey Just Try to Ban Employment Arbitration Agreements?

On March 18, 2018, the New Jersey Law Against Discrimination (NJLAD) was amended to prohibit prospective waivers of substantive and procedural rights or remedies relating to a claim of discrimination, retaliation, or...more

Seyfarth Shaw LLP

Pre-Dispute Arbitration Agreements And Non-Disclosure Provisions On The Chopping Block In New Jersey

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Seyfarth Synopsis: The New Jersey Legislature recently passed Senate Bill 121 affecting claims of discrimination, harassment, and retaliation, which if signed into law, would render any prospective waiver of rights against...more

Carlton Fields

Eleventh Circuit Doesn’t Waffle on Enforceability of Arbitration Agreement

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The Eleventh Circuit Court of Appeal found that an arbitration agreement entered into by a putative class representative and his eventual employer was enforceable even though the agreement was signed after the plaintiff filed...more

Dorsey & Whitney LLP

Washington Employers, Be Careful When Demanding Arbitration Agreements from Current Employees

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Yesterday, in case called Mayne v. Monaco Enterprises, Inc., a Washington Appellate Court struck down an arbitration clause because the employee faced immediate termination if he did not sign. The employee in this case had...more

Pullman & Comley - Labor, Employment and...

Common Sense Prevails: Arbitration Award OK’ing On-Duty Drug Usage Overturned

In the world of labor arbitration, common sense sometimes takes a holiday. Fortunately, a Superior Court judge recently overturned an arbitrator’s attempt at second guessing an employer’s response to serious misconduct...more

Proskauer - Whistleblowing & Retaliation

3d Cir.: Dodd-Frank Anti-Arbitration Provisions Do Not Apply To Dodd-Frank Whistleblower Retaliation Claims

On December 8, 2014, the Third Circuit ruled that Dodd-Frank’s anti-arbitration provisions do not invalidate pre-dispute arbitration agreements with respect to whistleblower retaliation claims brought pursuant to the...more

Dechert LLP

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in the United States

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U.S. Supreme Court Decisions - Court Limits Definition of “Supervisor” Under Federal Anti-Discrimination Law - In Vance v. Ball State University (June 24, 2013), in a 5-4 decision, a majority of the Supreme...more

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