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Arbitration Staffing Agencies

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 -
Manatt, Phelps & Phillips, LLP

Arbitration Agreement With Staffing Company Doesn’t Cover Employer

A California appellate court ruled that an employer could not compel arbitration based on an agreement between the employee and the staffing agency that placed her....more

McAfee & Taft

It’s now easier for alleged joint employers to compel arbitration

McAfee & Taft on

Nearly four years ago, the U.S. Supreme Court held that employers can enforce arbitration agreements that waive an employee’s right to joining a class action lawsuit. Since then, many companies have avoided what would be...more

Jackson Lewis P.C.

Ninth Circuit Upholds Arbitration For Non-Signatory Defendant

Jackson Lewis P.C. on

California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion...more

Morrison & Foerster LLP - Class Dismissed

One ESTOPP Shop: The Ninth Circuit Weighs In On The Use Of Equitable Estoppel To Compel Arbitration In Two Recent Decisions

When can you compel arbitration of a putative class action? The law is developing quickly and still doesn’t provide a crystal clear answer. The Ninth Circuit recently weighed in on two cases examining what happens when the...more

Carlton Fields

Non-signatory Third-Party Cannot Enforce Arbitration Clause In Contract

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SBS is a staffing company that provides personnel to various retail services, such as SPAR. SBS engaged Paradise Hogan (“Hogan”) and assigned Hogan to SPAR. Hogan and SBS entered into an Independent Contractor Master...more

Jackson Lewis P.C.

California Enforces Arbitration Agreement With Staffing Agency In Favor Of Worksite Employer

Jackson Lewis P.C. on

An employer successfully compelled arbitration under an arbitration agreement that the plaintiff-workers had with their staffing agency, even though the staffing agency was not a defendant in the lawsuit. The plaintiffs...more

Obermayer Rebmann Maxwell & Hippel LLP

A Staffing Company’s Employee Arbitration Agreement Can Also Protect Its Clients

Many companies require their employees to sign agreements to arbitrate any employment disputes, including claims for wages and overtime pay under the Fair Labor Standards Act (“FLSA”) and similar state laws. These agreements...more

Holland & Knight LLP

Food and Beverage Law Update: August 2017

Holland & Knight LLP on

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

Seyfarth Shaw LLP

Arbitration Agreement Enforced on Behalf of Nonsignatory

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal has utilized theories of equitable estoppel and agency to hold that an employee must arbitrate claims he asserted against an alleged joint employer, even though that defendant...more

Carlton Fields

Third Circuit Affirms Rejection Of Class Arbitration Where Employment Agreement Was Silent On Whether Arbitration Could Proceed On...

Carlton Fields on

Plaintiffs, former staffing managers of defendants’ international staffing agency, alleged that defendants misclassified them as overtime-exempt employees in violation of the Fair Labor Standards Act. Following earlier...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

Cozen O'Connor on

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor - Issue 4, Winter 2017

The National Labor Relations Board (NLRB) continued making life more difficult for employers in 2016. The agency issued a host of decisions that significantly expand the number and type of individuals that unions can seek to...more

Morris James LLP

Court Of Chancery Decides If Arbitration Required When Arbitration Clause Not In One Of Two Contracts

Morris James LLP on

When only one of two related contracts has an arbitration clause, the Court can still require arbitration of a dispute under the contract lacking that clause. The question is whether the two contracts deal with the same...more

Holland & Knight LLP

Food and Beverage Law Update: October 2015

Holland & Knight LLP on

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more

Robinson+Cole Manufacturing Law Blog

Heralding Wholesale Changes for Manufacturers, Labor Board Revamps “Joint Employer” Test

Just in time for Labor Day, the National Labor Relations Board handed organized labor a great gift and potentially disrupted the business and labor relationships of thousands of American manufacturers. On August 27,...more

Buchalter

Ringing in the New Year: A Summary of New Employment Laws for 2015

Buchalter on

With the use of more than a few pens, the Governor of California has enacted more than 50 new laws related to employment, some of which affect all employers, and others that affect only specific industries. Unfortunately for...more

Davis Wright Tremaine LLP

California Employment Law Update: What’s New for 2015?

The California Legislature was unusually active this year. Significantly, California introduced mandatory paid sick live, created new “unfair immigration-related practices” and expanded potential liability for employers who...more

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