#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®
Employment Law Now VI-114-Banning Arbitration of Sexual Harassment/Assault Claims
#WorkforceWednesday: Employee Travel and the Coronavirus, NLRB’s Joint-Employment Rule, and DoorDash’s 5,000+ Individual Arbitrations - Employment Law This Week®
III-41- Things That Make You Go “Hmmm” in Employment Law
Employment Law This Week®: Arbitration Agreement Enforcement, Maryland’s #MeToo Legislation, California’s National Origin Regulations
II-33- Hot Summer Trends: The Supreme Court on Class Action Waivers, and the Rise of Web Site Accessibility Lawsuits
II-27 - Our 1st Anniversary Special: Bringing Back Our Inaugural Guest to Discuss What Was and What Will Still Be With President Trump
II-25 – Top 10 New Year’s Resolutions for Employers in 2018
Employment Law This Week®: DOJ’s New Stance on Title VII, ACA Contraception Mandate, SCOTUS Hears Class-Action Waiver Arguments, RI’s Paid Sick Leave Policy
I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
Employment Law This Week®: Class Action Waiver Cases, Rescission of Tip-Pooling Restrictions, Title VII & Sexual Orientation, Updated Form I-9
Employment Law This Week®: Federal Decision on Website Accessibility, Mandatory Class Action Waivers, Sexual Harassment Case Dismissed, Upcoming Employment Laws
Employment Law This Week: Class Action Waiver Split, Discriminatory Practices Suit, EEOC’s Claims Data, Highly Skilled Worker Rule
Employment Law This Week®: Retaliation Guidance, Class Action Waivers, “Persuader Rule” Injunction, “Cat’s Paw” Doctrine
Employment Law This Week: Constructive Discharge Claims, Class Waivers, Hiring Bias, Electronic Record-Keeping Rule, Equal Pay
Employment Law Issues for Health Care Employers
Landlords and property managers are increasingly adding arbitration clauses with class action waivers to their residential leases. These lease provisions can protect landlords from the significant time and costs associated...more
Arbitration agreements are useful tools for California employers, but they are replete with potential dangers. An employer contemplating using arbitration in the workplace must evaluate whether it should be mandatory, the...more
For more than a decade, companies have benefited immensely from the U.S. Supreme Court's 2011 decision of AT&T Mobility LLC v. Concepcion, which upheld a company's right to compel consumers into participating in individual...more
Hop into the time machine with me so I can take a quick victory lap before I revert to being the ever-cautious counselor. Way back in October 2019, I not-so-subtly indicated my belief that a California statute banning...more
As previously discussed, courts continue to disagree over the enforceability of mandatory arbitration provisions containing class action waivers set forth in benefit plans governed by the Employee Retirement Income Security...more
In response in part to the dozens of cases filed throughout the country related to assessment of insufficient funds (NSF) and overdraft (OD) fees, many banks and credit unions have sought to add arbitration and class action...more
Arbitration continues to be a growing preference for dispute resolution. Mandatory arbitration provisions are found in a variety of commercial contracts, especially in consumer agreements. In fact, it has been reported in a...more
Earlier last week, a group of consumer advocate organizations filed a Petition for Rulemaking with the CFPB that would prohibit the use of pre-dispute arbitration clauses in consumer contracts in favor of arbitration clauses...more
The Third Circuit refused to enforce a mandatory arbitration clause with a class action waiver in an ESOP, finding that the class action waiver deprived participants of statutory rights. The ESOP plan added the clause at...more
In Oberstein v. Live Nation Ent. Inc. No. 21-56200 (9th Cir. Feb. 13, 2023), the Ninth Circuit addressed the question of whether the arbitration and class action waiver clauses on Ticketmaster’s and Live Nation’s websites...more
Mandatory Arbitration Agreements for Employees Are “On” Again...for Now. Once upon a time, before a certain virus captured all of our attention, the California legislature enacted Assembly Bill 51 (AB 51), which prohibits...more
Historically, courts around the country have approached the enforceability of class action waivers and arbitration provisions in ESOP and Employee Retirement Income Security Act of 1974 (ERISA) plan documents differently,...more
As litigation costs continue to explode, more and more businesses have been including arbitration clauses in contracts with employees and customers. These clauses, which frequently include class action waivers, allow...more
On March 30, 2022, the Supreme Court heard oral arguments in Viking River Cruises v. Moriana, in which the Court is poised to decide whether the Federal Arbitration Act compels enforceability of an individualized arbitration...more
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), amending the Federal Arbitration Act (FAA) to expressly prohibit mandatory...more
On March 3, 2022, President Biden signed into law H.R. 4445, titled "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" ("Act"). The law amends the Federal Arbitration Act to prohibit employers...more
President Joseph Biden has signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, allowing individuals asserting a claim of sexual harassment or assault to file suit in court despite the...more
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). Significantly, the Act amends the Federal Arbitration Act (FAA) which allowed...more
On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” (“the Act”) with bipartisan support. The Act is a piece of landmark legislation and the...more
On March 3, 2022, President Biden signed into law H.R. 4445 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The legislation passed Congress with bipartisan support. The #MeToo-inspired bill is...more
On March 3, 2022, President Joe Biden signed a law that limits the use of predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims....more
Agreements to submit disputes to arbitration are commonplace, with parties attempting to avoid the time, cost, and publicity involved in litigating disputes in court. To facilitate these aims, the Federal Arbitration Act (the...more
Courts around the country continue to approach the enforceability of class-action waivers and arbitration provisions in ERISA plan documents differently. This alert discusses recent decisions addressing these issues in ERISA...more
Since the onset of the #MeToo movement, allegations of sexual harassment in the workplace are frequently spotlighted in the news and on social media. Still, many claims between employers and employees are resolved outside of...more
On February 10, 2022, Congress passed a bill permitting employees bound by arbitration agreements to nonetheless bring their sexual harassment and sexual assault cases to court. President Biden recently voiced his support for...more