News & Analysis as of

Dispute Resolution Employment Litigation

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Ruling Clarifies Reach of EFAA Under Continuing Violation Doctrine in Sexual Harassment Cases

The Second Circuit Court of Appeals recently held that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a hostile work environment “accrues” for purposes of the EFAA each time a...more

JAMS

Arbitration Is Meant To Be Expeditious, But Is It Really?

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Arbitration is meant to be expeditious and to avoid the time and expense associated with proceeding in court. While that is still the goal, at times the speed of the arbitration process can vary significantly. As a...more

CDF Labor Law LLP

No Showing of Prejudice Required to Argue Waiver of Right to Arbitration

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Many California employers require their employees to sign agreements to submit any disputes arising out their employment to binding arbitration. If an employee files a lawsuit in court, the employer then has the option of...more

Constangy, Brooks, Smith & Prophete, LLP

Three often overlooked keys for a successful mediation

“Millions for defense, but not one cent for tribute.” That slogan became a rallying cry for Federalists during the XYZ Affair in 1798. Way back then, France and England were at war. What a surprise. The fledgling United...more

Mayer Brown

Hong Kong Court Confirms Labour Tribunal's Broad Powers to Order Employer Give Security to Defend Claim

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INTRODUCTION- In Chu Yeut Lin and Another v. Everbright Groups Limited [2024] HKCFI 1626, the Court of First Instance ("CFI") confirmed that the Labour Tribunal has a wide discretionary power to order the payment of...more

Jenner & Block

NLRB Settles Noncompete Regulatory Action

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In May 2023, the General Counsel of the National Labor Relations Board (“NLRB”) published a memorandum stating that an employer who requires a nonmanagerial/nonsupervisory employee to sign a noncompete agreement violates...more

Kohrman Jackson & Krantz LLP

A Lesson in Employee Rights: NLRB Ruling Against Home Depot’s Dress Code Enforcement

The National Labor Relations Board (NLRB) has ruled that a Minnesota Home Depot Store broke the law by telling an employee to remove a “BLM” marking from their work apron. The NLRB has recently decided in Home Depot USA, Inc....more

Arnall Golden Gregory LLP

NLRB Holds Home Depot Broke the Law by Banning “BLM” From Employee’s Apron

Recently, the National Labor Relations Board (“NLRB”) ruled that Home Depot — “Where Doers Get More Done” — had done too much when it discharged an employee, Antonio Morales, for refusing to remove the hand-drawn letters...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 2: Labor Dispute Mediations with Drew Rogers, Senior Federal Mediator...

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Following our inaugural episode, Tina and Jennie host Drew Rogers, a Federal Mediator with the EEOC, for a part 2 on the mediation process. Drew and our hosts have an insightful conversation about what employers can do in...more

Miles Mediation & Arbitration

Construction Law and Alternative Dispute Resolution: A Look at Current Trends

Construction law encompasses a vast area of state and federal laws, rules, and regulations. Construction lawsuits may include issues of commercial law, contract law, employment law, environmental law, personal injury claims,...more

Jenner & Block

NLRB Limits Employers’ Use of Non-Disparagement and Confidentiality Provisions in Employment-Related Agreements and Policies

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Employers have historically used non-disparagement and confidentiality provisions when resolving threatened or actual claims employees may pursue. The logic of proposing such clauses flows from the reasonable desire to bring...more

Steptoe & Johnson PLLC

NLRB Gives Workers Greater Leeway to Engage in Abusive Conduct

On May 1, 2023, the National Labor Relations Board (the Board) issued its decision in Lion Elastomers LLC II and made it more difficult for employers to discipline employees for misconduct and outbursts. Now employers must...more

Maynard Nexsen

The Benefits of Mediation for Employers

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The sudden settlement of the Dominion Voting Systems defamation action against Fox News was secured by the last minute involvement of a private mediator. As reported by The Washington Post, mediator Jerry Roscoe worked with...more

JAMS

Dealing With Workplace Conflict

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The workplace can be a source of tremendous collaboration, collegiality and productivity. It can also be home to conflict and mistreatment by fellow employees and employers. Workplace discrimination is just one example of the...more

JAMS

The Evolving Nature of Employment Disputes and How ADR Offers an Effective Means of Resolving Issues

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While the nature of the work environment has been evolving over the past few years, employment disputes remain a constant. Clearly, COVID has impacted the workplace and has led to a host of disputes across nearly every...more

Goldberg Segalla

EEOC Announces that Virtual Mediation is Here to Stay

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Key Takeaways - Since mid-March 2020, mediations of administrative charges conducted under the EEOC’s voluntary mediation program have been held remotely via telephone or video platform. The EEOC has announced that...more

JAMS

Mediating Employment Disputes: Between a Clock and a Hard Case

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The COVID-19 pandemic has forced companies across all industries and around the globe to recognize that there are differences in how their employees live and thrive. The barriers to an equitable work environment are being...more

McDermott Will & Emery

California Supreme Court Decision Places Higher Burden on California Employers in Whistleblowing Retaliation Claims

On January 27, 2022, the California Supreme Court provided clarification in Lawson v. PPG Architectural Finishes, Inc. to lower courts reviewing whistleblower retaliation claims. In what it calls an “unsurprising” decision,...more

Obermayer Rebmann Maxwell & Hippel LLP

How to pop the (mediation) question - a mediator’s perspective

You are litigating a case and you want to raise the topic of settlement with the other side. It may be that your client has fatigue from spending money on legal fees and just wants to be done, you don’t like the way the...more

Littler

Supreme Court of Canada Finds Exclusive Arbitral Jurisdiction in Manitoba Human Rights Disputes

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In Northern Regional Health Authority v. Horrocks, 2021 SCC 42, (NHRA) a six-member majority of the Supreme Court of Canada (SCC) decided that in Manitoba, human rights disputes arising from the interpretation, application,...more

JAMS

The Surge in Workplace Disputes Under Disability Discrimination Laws: Good News or Bad News?

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I have been wondering—as we are well into our second year of the pandemic—whether the relationships between employees with disabilities and their employers are changing in unanticipated ways. My curiosity leads to the...more

Obermayer Rebmann Maxwell & Hippel LLP

How to Play your Mediator

Employment disputes are often mediated as an alternative to trial. While most employment attorneys represent clients in mediation, few actually serve as a mediator. I trained as a mediator and launched a mediation practice...more

JAMS

Is ADR the Cure for COVID-19-Related Litigation? - The benefits of having a neutral with life sciences experience to resolve your...

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As we continue our battle against COVID-19, one of the successes is the speed with which pharmaceutical companies have developed vaccines. For those not familiar with the science and the process of getting new drugs to...more

NAM (National Arbitration and Mediation)

CCBJ Interview With Rhonda L. Epstein, Esq. | In The Age Of Coronavirus, ADR Is More In-demand Than Ever

Rhonda L. Epstein, Esq. is a neutral with NAM (National Arbitration and Mediation) and a longtime proponent of alternative dispute resolution. She's also a seasoned litigator with an extensive background in employment law and...more

Jackson Lewis P.C.

EEOC Reports Record Recovery And Decrease In Pending Charges

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The Equal Employment Opportunity Commission (“EEOC” or the “Agency”) recently released its annual financial report for the 2020 fiscal year. Relevant highlights from this report include discussion of a research study was...more

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