News & Analysis as of

Employment Contract Arbitration

Genova Burns LLC

Agree v. Acknowledge: Two Recent New Jersey Arbitration Rulings Highlight the Importance of Ensuring An Employee’s Agreement to...

by Genova Burns LLC on

Two recent decisions in January 2019 by the New Jersey Appellate Division, Brownlee v. Town Sports International Holdings, Inc. and Skuse v. Pfizer, Inc., illustrate the different consequences for an employer in obtaining its...more

Genova Burns LLC

#MeToo and its Effect on Sexual Harassment Agreements

by Genova Burns LLC on

Following the passage of similar laws in New York and California, a bill in the New Jersey State Legislature which bars nondisclosure clauses in workplace harassment settlement agreements is on Governor Murphy’s desk, with...more

Reminger Co., LPA

Recent Trends in Employment Arbitration: What Employers Need to Know Going Into 2019

by Reminger Co., LPA on

Employment Practices Liability Winter Newsletter 2019 - One of the numerous ways that employers have sought to minimize their risk of exposure on potential claims from current and former employees is by requiring all...more

Polsinelli

Employer’s Failure to Compel Arbitration Shows the Tricky Balance Employers Face when Implementing New Mandatory Arbitration...

by Polsinelli on

Employers may choose to implement arbitration programs to manage the costs and risks of employment-related litigation. Arbitration may minimize negative publicity, and may further assist employers to keep costs low and reduce...more

Jackson Lewis P.C.

Amendment To New Jersey Anti-Discrimination Law Poses Challenges To Using Non-Disclosure And Jury Trial Waiver Provisions

by Jackson Lewis P.C. on

An amendment to the New Jersey Law Against Discrimination (LAD) to prohibit enforcement of non-disclosure provisions in certain agreements, including employment contracts and settlement agreements, has been passed by the New...more

Blank Rome LLP

Garden State Says #MeToo: Bill Barring Non-Disclosure Clauses Passes in Both Chambers

by Blank Rome LLP on

New Jersey appears to be the next state to ban non-disclosure clauses in employment contracts or settlement agreements. On January 31, 2019, Senate Bill 121 passed the New Jersey Assembly by a 68-4-4 vote and the Senate in a...more

Hogan Lovells

Acknowledgment Does Not Equal Agreement Says New Jersey Appellate Division

by Hogan Lovells on

Following up on a recent post about the intricacies of mandatory arbitration agreements in the workplace, the New Jersey Appellate Division recently held that an arbitration clause that employees did not explicitly agree to...more

Carlton Fields

Seventh Circuit: Class Arbitration Is For Courts to Decide, Not Arbitrators

by Carlton Fields on

In 2011, a former employee of Waterstone Mortgage Corporation filed a class action against Waterstone alleging violation of the Fair Labor Standards Act and breach of contract. Originally published in the ABA-Section of...more

Hogan Lovells

Hyperlink Click Enough to Compel Arbitration Says New Jersey Federal Judge

by Hogan Lovells on

New Jersey employers seeking to compel arbitration secured a big win earlier this month when a federal judge ruled that former employees agreed to an arbitration agreement by clicking on a hyperlink sent to them by their...more

Stinson Leonard Street - Arbitration Nation

Biggest Arbitration Stories Of 2018

As we close out 2018, it is a good time to reflect on the year in arbitration law. Overall, I would characterize the year as another in which everyone was mildly obsessed with class actions...more

Hirschfeld Kraemer LLP

Top 10 Employment Law Developments of 2018: #2 - Arbitration Agreements Gain Strength - A Powerful Defense Against Class Actions

by Hirschfeld Kraemer LLP on

Contractual arbitration is essentially private court; it is an agreement by the parties to submit disputes to binding arbitration before a neutral arbitrator (often a retired judge), rather than to pursue such claims in a...more

Seyfarth Shaw LLP

All I Want For Christmas Is A Fair Reading of Exemptions:  2018 Year In Review

by Seyfarth Shaw LLP on

It’s the week before Christmas, and in our practice group meeting, We look back and consider the year that’s completing. The wage-hour nuggets that earn all our favor, Wond’ring “Is this the last time I’ll be rhyming ‘class...more

Genova Burns LLC

Best If Used By: Keep an Eye Out for Arbitration Agreement Expiration Dates

by Genova Burns LLC on

A recent opinion in the case of Susan L. O’Keefe v. Edmund Optics, Inc., addressed the question of whether an arbitration provision in a written employment agreement could survive the expiration of the agreement’s one-year...more

Akerman LLP - HR Defense

Arbitration Agreements: Tips for Enforceability

by Akerman LLP - HR Defense on

Arbitration agreements can be an effective tool to avoid costly litigation, and, in particular, to prevent class and collective actions. But, will your arbitration agreement withstand scrutiny? ...more

SmithAmundsen LLC

Are Independent Contractor Transportation Workers Exempt From The Federal Arbitration Act?

by SmithAmundsen LLC on

The Supreme Court recently heard arguments on an issue which will have lasting implications on the arbitrability of claims between employers and certain independent contractors. Where the Court lands will have significant...more

Littler

New Jersey Courts Continue to Raise the Bar for Enforceable Arbitration Agreements

by Littler on

The New Jersey Appellate Division recently issued a decision adding yet another hurdle for employers in the Garden State to overcome in drafting and enforcing arbitration agreements. ...more

Carlton Fields

Tenth Circuit Strikes Offending Arbitration Provision Clause In Au Pair Agreements

by Carlton Fields on

Plaintiffs had entered into various au pair agreements which contained arbitration provisions, which defendants sought to enforce when a class action was filed. ...more

Obermayer Rebmann Maxwell & Hippel LLP

Facebook Joins the Ranks of Employers Ending Forced Arbitration for Sexual Harassment Claims

In the wake of the #Metoo movement and a result of growing pressure on state legislators and industry leaders, Facebook has become the most recent tech giant to stop requiring its employees to agree to submit to arbitration...more

Carlton Fields

Seventh Circuit Joins Five Other Circuits, Holds Availability Of Class Or Collective Arbitration Is A Gateway Issue Of...

by Carlton Fields on

A former employee of Waterstone Mortgage Corporation filed a class action against Waterstone in Wisconsin federal court in 2011 alleging wage violations and breach of contract. ...more

Ward and Smith, P.A.

If You Have To Ask, The Answer Is: You Probably Have to Arbitrate

by Ward and Smith, P.A. on

If you're like me, you've probably already looked through the cases the United States Supreme Court is going to hear as part of its October 2018 term. If you were inclined to perform this task, you would have noticed that...more

Seyfarth Shaw LLP

New York’s Ban on Arbitration of Sexual Harassment Claims: Can it Survive Federal Preemption?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: New York’s recently enacted prohibition on arbitration agreements of sexual harassment claims is likely to be preempted by federal law. ...more

Cole Schotz

New Jersey Court Rules That Arbitration Agreements Must Address The Forum For Arbitration

by Cole Schotz on

On October 17, 2018, New Jersey’s Appellate Division, in a published decision, refused to enforce an arbitration clause in an employment agreement where the clause did not select a forum for arbitration thereunder or describe...more

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

Kentucky Supreme Court Rules FAA Does Not Protect Mandatory Employment Arbitration

In a surprise decision, the Supreme Court of Kentucky ruled on September 27, 2018, that the Federal Arbitration Act (FAA) does not protect employment arbitration agreements that are required as a condition of employment....more

Fisher Phillips

Kentucky Becomes First State To Prohibit Mandatory Arbitration As A Condition of Employment

by Fisher Phillips on

The Kentucky Supreme Court just outlawed mandatory arbitration agreements that require applicants or employees to sign if they want to be hired or remain employed, making the Bluegrass State the first in the nation to do so....more

Holland & Knight LLP

Supreme Court Hears Argument on Applicability of Federal Arbitration Act to Transportation Independent Contractor Agreements

by Holland & Knight LLP on

On Oct. 3, 2018, the U.S. Supreme Court heard oral argument in the case of New Prime Inc. v. Oliveira, No. 17-340. This case addresses (1) whether an arbitrator or the court should resolve a dispute over the applicability of...more

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Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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