News & Analysis as of

Employment Contract American Arbitration Association

Womble Bond Dickinson

A General Counsel’s View of Arbitration Clauses in Employee Contracts

Womble Bond Dickinson on

Litigation has its place, but most in-house counsel agree: avoid it if at all possible. That’s why Chris Fairey is a proponent of arbitration clauses in his employee contracts. Fairey is General Counsel for American...more

Zuckerman Spaeder LLP

Be Careful What You Wish For: DoorDash Must Arbitrate Thousands of Wage Claims

Zuckerman Spaeder LLP on

Many employers strongly prefer arbitration to litigating with their employees in court. Employers often believe—and the Supreme Court has agreed—that arbitration of employment disputes has many benefits, including potential...more

Epstein Becker & Green

Be Careful What You Wish For: California Federal Judge Compels DoorDash to Conduct – and Pay for – More Than 5,000 Individual...

Epstein Becker & Green on

It’s no secret that many employers have employees sign arbitration agreements with class and collective action waivers in the hopes of avoiding the massive wage-hour lawsuits that have become so prevalent in the past two...more

Winstead PC

Better for Everyone: Implementing Your Mandatory Arbitration Program

Winstead PC on

Mandatory arbitration agreements for employees have been enforceable for decades. Over the last several years, there has been an ongoing controversy between the Fifth Circuit Court of Appeals, among others, and the National...more

Fisher Phillips

Gig Worker’s Hopes Of Arguing Case In Court Are Dashed By Arbitration Agreement

Fisher Phillips on

A delivery driver for gig economy company DoorDash has been ordered by the 5th Circuit Court of Appeals to take his misclassification case to a private arbitrator instead of court pursuant to a valid arbitration agreement he...more

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

Missouri Supreme Court Punts Two Lawsuits in a Row, on Direct Flights to Arbitration

Arbitration agreements have faced tackles and turbulence in a series of cases litigated in Missouri courts over the past few years. In the fall of 2017, the Supreme Court of Missouri issued two favorable arbitration agreement...more

Orrick - Employment Law and Litigation

It’s Smooth Sailing for a Shipping Company After Ninth Circuit Arbitration Victory

Last month, the Ninth Circuit issued a notable opinion addressing the enforceability of arbitration agreements in Poublon v. C.H. Robinson Co., 846 F.3d 1251 (9th Cir. 2017), mandate issued (Feb. 24, 2017). In Poublon, the...more

McManis Faulkner

Carbajal v. CWPSC Decision Provides Guidance for Drafting Employment Arbitration Agreements

McManis Faulkner on

On February 26, 2016, the California Court of Appeal, Fourth District, issued its decision in Carbajal v. CWPSC, Inc., invalidating an employment arbitration agreement due to a number of provisions the Court considered...more

Seyfarth Shaw LLP

Arbitration Program Gets Straight AAA’s Despite Failing in JAMS

Seyfarth Shaw LLP on

On March 1, 2016, the New Jersey Appellate Division upheld a decision to compel an employee to arbitrate her dispute with Raymours Furniture Inc. (“Raymours”) before the Arbitration Association of America (“AAA”) after JAMS...more

Carlton Fields

California Appellate Court Denies Mandamus Petition: Arbitrator Will Decide Whether Arbitration Agreement Permits Class Action...

Carlton Fields on

An appellate court in California denied Universal Protection Service, LP (“Universal”) and their affiliate’s mandamus petition, seeking to overturn a lower court ruling compelling arbitration. The court found that whether an...more

Carlton Fields

Federal Law Must Govern Arbitrability Of Employment Dispute, Notwithstanding Choice Of State Law In Employment Agreement

Carlton Fields on

The Ninth Circuit held that an arbitration agreement between Opus Bank and its former executive vice president Carey Brennan should be interpreted under federal, not state, law unless the parties unambiguously agreed...more

Haight Brown & Bonesteel LLP

Can Arbitrators Rule On Their Own Jurisdiction? The Ninth Circuit Answers Yes

In Brennan v. Opus Bank (9th Cir. 13-35580), published August 11, 2015, the Ninth Circuit ruled on the issue of whether a court versus an arbitrator has jurisdiction over determining the enforceability of a mandatory...more

McAfee & Taft

EmployerLINC.com - February 8, 2013: Court enforces agreement to arbitrate

McAfee & Taft on

In a January 23, 2013 decision, the U.S. District Court for the Northern District of Oklahoma continued a recent trend in Oklahoma cases enforcing arbitration clauses included in employment agreements or relationships....more

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