News & Analysis as of September 19, 2024

Employee Handbooks › Arbitration Agreements

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Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both employees and employers and is an important part of effective human resource management. A proper handbook contains detailed information on non-disclosure and conflict of interest obligations, work schedules, employee compensation and benefits, anti-discrimination policies, and codes of conduct to name a few. less -

Does Your Dealership Arbitrate? Recent Developments in Workplace Arbitration Agreements

Fisher Phillips on 11/9/2022

Employers – and, in particular, car dealerships – have relied on binding arbitration agreements to resolve employment disputes for decades. Arbitration offers a confidential setting in which businesses can efficiently...more

Avoiding the Latest Handbook Traps for the Unwary in the Age of Remote Work

Spilman Thomas & Battle, PLLC on 9/12/2022

Most employers know their employee handbooks need to be living documents that are reviewed and updated when conditions change. If any employer doubted the need for doing this, the past two years should have convinced them...more

Texas Supreme Court Compels Arbitration after Nine Years: Why Employers Should be Cautious in Placement of Mandatory Arbitration...

FordHarrison on 8/30/2022

Executive Summary: In a recent case, the Texas Supreme Court upheld the validity of an arbitration clause in a case that had been in litigation for over nine years without the claim ever being heard. See In re Whataburger...more

Employers: Be Careful What You Include In A Handbook

Akerman LLP - HR Defense on 8/23/2022

Most employers include provisions in their Employee Handbook giving them the right to modify the policies at any time. They also make clear that the handbook is not a contract and does not create contractual obligations....more

Michigan Court of Appeals Decision Cautions Need for Review of Arbitration Agreements in Employee Handbooks

Miller Canfield on 8/3/2022

On June 23, 2022, the Michigan Court of Appeals ruled that an arbitration agreement contained in a personnel manual was not enforceable because the associated disclaimer indicated that the manual did not create a...more

More Than Meets the Eye: TN Court Finds Arbitration Agreement in Employee Handbook Non-Binding

Burr & Forman on 7/1/2022

In Mankin Media Systems, Inv. v. Timothy Crowder, No. 19CV-48300W (Jun. 30, 2022), the Court of Appeals of Tennessee reversed the confirmation of an arbitration award because the so-called arbitration clause appeared in the...more

Enforcing Electronically Acknowledged Arbitration Agreements in California

Miller Nash LLP on 6/28/2022

As the demand for a hybrid work environment increases, so do the risks associated with check-box acknowledgements for California employers. Tech companies have long been known for hybrid flexibilities, and are well advised to...more

Employers should be aware of shifts in how arbitration agreements can be presented to employees

Maynard Nexsen on 6/22/2022

Arbitration agreements, which aim to keep legal disputes between employees and employers out of the courts, are becoming more common. However, recent developments have led to significant shifts in how and where enforceable...more

Fourth Circuit Invalidates Arbitration Agreement Contained in Employee Handbook

Parker Poe Adams & Bernstein LLP on 4/29/2022

Some employers use mandatory arbitration agreements with employees, intended to have disputes heard through private arbitration instead of the court system. Earlier this week, the Fourth Circuit Court of Appeals (which...more

New NLRB Leader Identifies Possible Changes

Faegre Drinker Biddle & Reath LLP on 8/18/2021

Employers who have watched the National Labor Relations Board — the nation’s primary enforcer of labor law — over the years anticipate that it will reshuffle its priorities soon after the White House changes parties. The...more

Opinion of Wisconsin District Judge Again Illustrates that Arbitration Is a Creature of Contract

BakerHostetler on 5/18/2021

In deciding a reoccurring issue, Judge James D. Peterson of the Western District of Wisconsin found no valid arbitration agreement existed, because of a disclaimer in a 48-page employee handbook. See O’Bryan v. Pember...more

Document, Document, Document: A Maryland Dealer Learns The Importance Of Regularly Updating Employment Forms

Fisher Phillips on 2/2/2021

There are three documents that dealerships should regularly review and update for compliance: the employee handbook, commission pay plans, and arbitration agreements, if applicable. As a Maryland dealership recently learned,...more

The New Year Requires A New Look at Your California Employee Handbook

Fisher Phillips on 12/15/2020

As we approach a new year, California employers should take a fresh look at their employee handbook to ensure that it is up to date. Unless it was revised recently, it’s probably outdated. What are the main revisions that...more

California Lawsuit Prevention 101

Fox Rothschild LLP on 10/28/2020

It may be the season for a pumpkin latte and too much candy, or finally breaking out those soft sweaters and fuzzy slippers as the weather starts to chill (even in Los Angeles). But it is also the season for new lawsuits. In...more

California Court of Appeals Holds That No Initials Are of “No Legal Consequence” To Enforce Arbitration

Epstein Becker & Green on 9/30/2020

On July 8, 2020, the California Court of Appeals held that when an employee fails to initial a specific part of an arbitration agreement, but still signs it, the agreement is still enforceable....more

NY Federal Court Decision Highlights Importance of Careful Drafting of Arbitration Program

Morgan Lewis on 9/16/2020

The US District Court for the Southern District of New York (SDNY) ruled that an employer’s mandatory arbitration program was unenforceable because its terms were contained in an employee handbook and did not create a binding...more

Mandatory Arbitration Provision Struck Down by the Washington Supreme Court

Seyfarth Shaw LLP on 9/9/2020

Seyfarth Synopsis: The Washington Supreme Court refused to enforce a mandatory arbitration agreement that was contained within an Employee Handbook. ...more

NLRB Enforces Strict Requirements for Savings Clauses in Employee Arbitration Agreements

Payne & Fears on 8/12/2020

The National Labor Relations Board (“NLRB” or “Board”) has recently issued a half-dozen decisions addressing the lawfulness of employee arbitration agreements. Employers should not ignore this body of law, which applies to...more

The New York Supreme Court Enforces New York’s State Law Prohibiting Mandatory Arbitration of Employment Discrimination Claims and...

Akin Gump Strauss Hauer & Feld LLP on 7/17/2020

- On July 13, 2020, the New York Supreme Court in Andowah Newton v. LVMH Moët Hennessy Louis Vuitton Inc., Sup. Ct., N.Y. County, July 13, 2020, J. Nock, Index No. 154178/2019, slip op at p. 16, allowed the plaintiff employee...more

The Time Is Now for Employers in Illinois to Abide by New Laws

Sheppard Mullin Richter & Hampton LLP on 1/10/2020

The New Year brings new laws for Illinois employers. Some laws go into effect this Summer, while others are effective as of this month. For employers who have not yet revised handbooks, policies and agreements, the time is...more

[Webinar] California Employment Law: What All Employers Need to Know for 2020 - January 14th, 12:30 pm PT

Nossaman LLP on 1/7/2020

2019 has been an unusually busy year for the California legislature and has created exponential litigation risk for private and public employers. Join Pavneet Singh Mac and Randy Boyer on January 14, 2020 for “California...more

Washington Court of Appeals Strikes Down Employer’s Arbitration Agreement

Perkins Coie on 11/21/2019

In Burnett v. Pagliacci Pizza, Inc., 442 P.3d 1267 (Wash. Ct. App. 2019), the Washington Court of Appeals held that the manner in which an employer communicates its arbitration agreement is crucial for determining whether it...more

Employers with Operations in California Must Revise Policies and Practices to Comply with New Law Outlawing Mandatory Arbitration...

Epstein Becker & Green on 10/14/2019

As employers with operations in California had feared, Governor Gavin Newsom has signed AB 51, which effectively outlaws mandatory arbitration agreements with employees—a new version of a bill that prior Governor Jerry Brown...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

Is Your Arbitration Agreement in an Employee Handbook? The Eighth Circuit Issues a Reminder: Arbitration Agreements Must be...

Littler on 7/23/2019

A properly implemented employment arbitration program can provide a variety of benefits to employers and employees alike. Many employers have robust arbitration programs that require both the employer and its employees to...more

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Employee Handbooks › Arbitration Agreements

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