News & Analysis as of

Class Action Arbitration Waivers Mandatory Arbitration Clauses Binding Arbitration

Nelson Mullins Riley & Scarborough LLP

EMPLOYER ALERT – Senate Clears Way for Major Shift in Banning Arbitration Agreements and Class Waivers for Workplace Sexual...

On February 10, 2022, the U.S. Senate passed the Ending Force Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”, available here: H.R. 4445).  President Biden is expected to sign the bill into law shortly.  ...more

Stinson - Government Contracting Matters

#MeToo Arbitration Ban – Protect Yourself With Prevention

It is all but certain that mandatory arbitration clauses will no longer exist for workplace sexual assault and sexual harassment claims once the expected legislation many refer to as the #MeToo Arbitration Ban is signed by...more

Morgan Lewis

NJ Supreme Court Clears Hurdles for Employee Arbitration Agreements

Morgan Lewis on

In Skuse v. Pfizer Inc., the New Jersey Supreme Court allows continued employment as a means for consent to an agreement to arbitrate and confirms online communication and delivery to employees regarding arbitration...more

FordHarrison

New Jersey Finally Gets a Roadmap to Creating a Valid Arbitration Clause

FordHarrison on

Tuesday, New Jersey’s Supreme Court approved as legally binding an arbitration agreement provided to employees electronically, concluding the arbitration agreement was effectively, clearly, and unambiguously communicated to...more

Akerman LLP - HR Defense

California’s Arbitration Agreement Ban on Hold

A controversial California law that would have prevented employers from requiring arbitration agreements as a condition of employment has been enjoined from taking effect by a federal district judge. Assembly Bill 51 (AB 51)...more

Perkins Coie

The Ninth Circuit Abandons 35 Years of Precedent by Enforcing Arbitration Clause in ERISA Benefit Plan

Perkins Coie on

Thirty-five years after deciding that arbitration clauses in employee benefit plans governed by the Employee Retirement Income Security Act of 1974 (ERISA) were unenforceable, the U.S. Court of Appeals for the Ninth Circuit...more

Akerman LLP - HR Defense

Opt-Out Clauses May Help Some Employers Opt In To Individual Arbitration

Akerman LLP - HR Defense on

Ironically, giving employees the right to decline to resolve their employment claims in binding arbitration may actually help employers enforce arbitration agreements in some parts of the country....more

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