Contract Formation, Arbitration, Employer Liability Issues

A Real “Who Dunnit?”: Dispute Over Unsigned Arbitration Agreement Means Judges Must Wear Detective’s Cap

Genova Burns LLC on 8/4/2022

On July 18, 2022, the New Jersey Appellate Division provided a perfect reminder why all employers and HR professionals should diligently confirm that new hires complete all on-boarding paperwork. In Bhoj v. OTG...more

The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate

Mintz - Arbitration, Mediation, ADR... on 7/29/2019

Federal law nowadays certainly favors enforcement of agreements to arbitrate. But generally applicable state contract law determines contract formation – i.e., whether such an agreement has been made. Contract formation...more

Postmates Shows It’s As Easy As 1-2-3 To Ensure Arbitration With Your Contractors

Fisher Phillips on 12/20/2018

A recent decision from a federal court in California shows that there is a simple three-step process to follow if you want to ensure that your gig workers are found to be subject to your arbitration provisions. The judge’s...more

Ensuring that Your Employees’ Electronically-Signed Agreements are Enforceable

Gray Reed on 5/24/2018

Duncey’s Caps, Inc. hired Bud Dunop as its new human resources manager for 2018. Bud quickly determined that Duncey’s needed a formal employee policy handbook. Included within the handbook was an arbitration agreement...more

California Court Allows Employee to Disaffirm Arbitration Agreement Due to Age

Hinshaw & Culbertson LLP on 5/11/2015

We thought we'd heard everything! This is a new one, that's for sure. It's no secret that employees try to wiggle out of arbitration agreements all of the time. There are the usual digs: the agreement was buried in the middle...more

Is Your Arbitration Agreement Still Enforceable in Missouri After Baker v. Bristol Care, Inc.?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/23/2014

This summer, the Missouri Supreme Court issued a decision that will affect arbitration agreements relied on by employers across the state. The decision—one of many in a recent trend of Missouri cases restricting the...more