#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
A year ago, the United States Supreme Court issued its seminal decision in Epic Systems v. Lewis, which confirmed that employers may use mandatory individual arbitration agreements without fear of the National Labor Relations...more
Many United States companies use arbitration agreements requiring employees to arbitrate employment claims instead of bringing them before a state or federal court. Many of these agreements are required by the employer as a...more
As I noted in a prior post, the differences between arbitration and litigation go well beyond the fact that arbitration generally is a quicker and less expensive process. As such, there are a host of reasons why a company may...more
In light of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis that class action waivers in arbitration agreements are enforceable, employers have been rejoicing. However, is their excitement misplaced? ...more
As the Supreme Court ended its 2017-18 Term, Justice Anthony Kennedy announced his resignation; the Court did away with "agency fees" for public employees; and in other decisions favorable to employers, the Court solidified...more
In late May, the U.S. Supreme Court ruled that arbitration agreements between an employer and an employee to resolve employment disputes through one-on-one arbitration do not violate the National Labor Relations Act (NLRA)....more
The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more
Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action...more
On May 21, 2018, in a 5-4 decision, the United States Supreme Court held, in Epic Systems Corp. v. Lewis, that arbitration clauses in employment contracts requiring individualized proceedings are enforceable and thereby...more
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
In the decision rendered by the Supreme Court in Epic Systems Corp. v. Lewis, employers are able to enforce individual arbitration proceedings if arbitration was agreed to in an employment contract. Settling a Circuit split...more
An extremely close 5-4 ruling in the U.S. Supreme Court confirmed that employment agreements that state employees must give up their rights to pursue class action claims are legal. The issue reached the Supreme Court from the...more
You already know that on May 21, 2018, the U.S. Supreme Court issued a 5-4 decision in Epic Systems. The Court’s long-awaited decision finally and conclusively establishes that class waivers in arbitration agreements between...more
The U.S. Supreme Court held that arbitration agreements governed by the Federal Arbitration Act (FAA) may lawfully prohibit collective and class actions in employment disputes. State laws, such as the California Private...more
On Monday, May 21, 2018, the United State Supreme Court, in a 5-4 opinion written by Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s (“NLRB”) 2012 decision in D.R. Horton, 357 NLRB 2277...more
Last week, the U.S. Supreme Court held in Epic Systems v. Lewis that employers may, as a condition of employment, require employees to sign arbitration agreements containing class action waivers. The Court rejected the NLRB’s...more
The U.S. Supreme Court has again emphasized that parties to arbitration agreements have great latitude in structuring their agreements, including the ability to require bilateral — as opposed to class — arbitration. ...more
On May 21, 2018, the United States Supreme Court issued its decision in Epic Systems Corp. v. Lewis, holding that waivers of class and collective actions in arbitration agreements are enforceable under the Federal Arbitration...more
The viability of class waivers in employment agreements has been a closely watched battle in the courts since the National Labor Relations Board (NLRB) ruled in D. R. Horton, Inc. and Michael Cuda, Case 12–CA–25764, 357 NLRB...more
On May 21, 2018, the Supreme Court of the United States ruled that, pursuant to the Federal Arbitration Act (FAA), mandatory arbitration agreements with employees requiring individualized arbitration actions for disputes with...more
We have experienced a watershed change in the law this week and its ripples will move outward in ever widening circles for years to come. This is, naturally, the decision in Epic Systems Corp. v. Lewis (one of a trio of...more
The U.S. Supreme Court has ruled that employers may require their employees to resolve wage and hour disputes through one-on-one arbitration instead of through class actions. In Epic Systems Corp. v. Lewis, the Supreme Court...more
While many MuniBlog readers may be waiting on a decision in Janus v. American Federation of State, Municipal, and County Employees, on May 21 the Supreme Court rendered a decision in Epic Systems Corp. v. Lewis should not be...more
The U.S. Supreme Court held on May 21 that class action waivers in employment arbitration agreements are enforceable. This is a major victory for employers. ...more
Last week, the U.S. Supreme Court handed down a decision affirming the enforceability of those arbitration agreements in employment that prohibit collective actions; a decision that could significantly alter the landscape of...more