News & Analysis as of

Class Action Federal Arbitration Act Employment Contract

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Ogletree, Deakins, Nash, Smoak & Stewart,...

In Big Win for Employers, U.S. Supreme Court Rules Court Proceedings Must Be Stayed During Appeal Over Arbitration

On June 23, 2023, the Supreme Court of the United States held district court proceedings must be put on hold during an appeal on the question of whether claims are subject to arbitration. The ruling is a big win for...more

Carlton Fields

First Circuit Weighs in on FAA’s Transportation Worker Exception

Carlton Fields on

The First Circuit Court of Appeals recently clarified the standards for invoking the “transportation worker” exception to the Federal Arbitration Act. The court noted that fact-finding on that exception should focus on the...more

CDF Labor Law LLP

CA Court of Appeal Upholds Arbitration Agreement Under FAA Preemption

CDF Labor Law LLP on

Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the...more

McManis Faulkner

Employment Arbitration Agreements Are “Under Water” Until The Supreme Court’s Decision Is Released in River Viking Cruises v....

McManis Faulkner on

California employment litigators currently feel as if the world is at a standstill. Each and every attorney, whether counsel for defense or plaintiff, is holding their breath. For the last couple of years, plaintiff’s...more

Miles & Stockbridge P.C.

Supreme Court Considers the Reach of Workplace Arbitration Agreements

The Supreme Court has recently taken the challenge of assessing the scope and breadth of workplace arbitration provisions under the Federal Arbitration Act (“FAA”) in Viking River Cruises, Inc. v. Moriana, and Southwest...more

Kohrman Jackson & Krantz LLP

FAIR Act: U.S. House Passes Bill Eliminating Mandatory Arbitration Agreements

U.S. HOUSE PASSES THE FAIR ACT - On March 17, 2022, the United States House of Representatives passed the Forced Arbitration Injustice Repeal Act (FAIR Act), which prohibits all pre-dispute mandatory arbitration provisions...more

FordHarrison

Jury Trial Waivers May be an Option for Employers in the Wake of the Ending Arbitration of Sexual Assault and Sexual Harassment...

FordHarrison on

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

Jones Day

New Federal Law Prohibits Mandatory Arbitration of Sexual Assault and Harassment Claims

Jones Day on

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

Manatt, Phelps & Phillips, LLP

Sexual Harassment, Assault Claims No Longer Subject to Arbitration Under FAA

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

Robinson & Cole LLP

Pre-Dispute Arbitration Agreements and Class Action Waivers Now Invalid and Unenforceable for Sexual Harassment and Sexual Assault...

Robinson & Cole LLP on

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

K&L Gates LLP

U.S. Supreme Court to Address Prejudice Requirement for Waiver of Arbitration Agreements

K&L Gates LLP on

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

Akerman LLP - HR Defense

Sexual Harassment Complainants Guaranteed Their Day in Court – Employers Beware the Implications

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

Kohrman Jackson & Krantz LLP

President Biden Poised To Initiate New Era Of Sex-based Workplace Dispute Litigation

With the passage of H.R. 4445, Congress has discovered a point of agreement: barring the mandatory imposition of arbitration for employees suffering from sexual assault or sexual harassment in the workplace. President Biden...more

Goldberg Segalla

President Expected to Sign Bill from Congress Ending Forced Arbitration on Sexual Assault and Sexual Harassment Claims

Goldberg Segalla on

On February 10, 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act), barring an employer’s enforcement of pre-dispute arbitration for claims of sexual assault or...more

Pullman & Comley - Labor, Employment and...

Congress Approves #MeToo Legislation Prohibiting Compelled Arbitration of Employee Sexual Misconduct Claims

On February 10, 2022, the U.S. Senate approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”). As one might expect based on the name, the Act prohibits employers from requiring employees...more

Procopio, Cory, Hargreaves & Savitch LLP

Congress Moves to End Forced Arbitration of Sexual Assault and Sexual Harassment: What it Means for Employers

In the wake of the #metoo movement, the U.S. Congress has approved and sent to President Biden for his expected signature a modernized Federal Arbitration Act. ...more

CDF Labor Law LLP

Bipartisan Legislation Limiting Mandatory Arbitration of Sexual Harassment or Assault Claims Requires Employers to Re-Examine...

CDF Labor Law LLP on

Over the course of three days, the House and Senate passed HR 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, amending the Federal Arbitration Act (FAA) that is expected to be signed...more

Quarles & Brady LLP

Congress Bars Arbitration of Sexual Assault and Harassment Claims

Quarles & Brady LLP on

In our last alert, What Should Employers Expect in 2022, Non-COVID Edition, we predicted the Senate would pass the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, House Resolution 4445 (the...more

FordHarrison

Congress Passes Bill Ending Forced Arbitration of Sexual Assault and Sexual Harassment Claims

FordHarrison on

Following the recent trend of state laws prohibiting mandatory arbitration of sexual assault and harassment claims, the United States Senate passed HR 4445, entitled “Ending Forced Arbitration of Sexual Assault and Sexual...more

Cranfill Sumner LLP

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 to Be Signed by President Biden

Cranfill Sumner LLP on

On February 7th, the U.S. House of Representatives passed H.R. 4445, known as the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” or the “#MeToo Bill.” The Senate passed the Bill only a few...more

Gould + Ratner LLP

Congress Passes Landmark #MeToo Bill

Gould + Ratner LLP on

The U.S. Senate passed legislation on February 10, 2022, that prohibits employers from requiring arbitration with employees for certain disputes. The Ending Forced Arbitration Act, which President Biden is expected to sign,...more

Bodman

Senate Passes Bill Ending Mandated Arbitration in Sexual Misconduct Cases

Bodman on

On February 10, 2022, the Senate passed a landmark bill prohibiting enforcement of pre-dispute contract provisions that mandate arbitration for sexual harassment or assault claims. The bill also prohibits a “pre-dispute joint...more

Littler

Congress Passes Bipartisan Arbitration Limitation

Littler on

Last week brought a significant change for employment arbitration, as both houses of Congress approved a bill, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445), which now heads to the...more

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 LLP

Senate Passes #MeToo Bill Allowing Employees to Bypass Arbitration

Stinson LLP on

Congress appears poised to enact legislation that will allow employees alleging sexual assault or sexual harassment in the workplace to bypass mandatory arbitration clauses the employee may already have agreed to be bound by....more

112 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide