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Employment Contract Corporate Counsel Arbitration

Jackson Lewis P.C.

Eighth Circuit Decides When a ‘Dispute’ Arises Under the Ending Forced Arbitration Act

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When a “dispute” arises under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) depends on when the specific facts of the case show a “conflict or controversy” exists between the parties, the...more

Bradley Arant Boult Cummings LLP

Not Interstate? You Must Arbitrate – Third Circuit Rules Uber Drivers Don’t Meet FAA Exception

Can you require your workers to arbitrate claims? What if they work in interstate commerce? Recently several courts have addressed the scope of the Federal Arbitration Act (FAA) and when it applies to arbitration agreements...more

Goodwin

Delaware Court of Chancery Holds Buzzfeed Not Bound by Pre-SPAC Merger Employment Agreements

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On October 28, 2022, Vice Chancellor Morgan T. Zurn of the Delaware Court of Chancery ruled that the declaratory action brought by Buzzfeed Inc. against 91 current and former employees is not bound by arbitration provisions...more

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

Ninth Circuit Panel to Reconsider Decision Upholding California Mandatory Arbitration Ban

​​​​​​​The panel of the Ninth Circuit Court of Appeals that largely upheld California’s law banning mandatory arbitration agreements in the employment context just withdrew its decision. On August 22, 2022, two of the three...more

Carlton Fields

Eleventh Circuit Enforces Employee Arbitration Agreement, Concluding That Agreement Was Not Unconscionable

Carlton Fields on

In Lambert v. Signature Healthcare LLC, the Eleventh Circuit Court of Appeals reversed the district court’s denial of the defendants-appellants’ motion to dismiss and to compel arbitration under the FAA, holding that the...more

Akerman LLP - HR Defense

Employers: Be Careful What You Include In A Handbook

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

Kelley Drye & Warren LLP

California Arbitration Agreements: Greater Hurdles To Enforceability

Employers use arbitration agreements to avoid costly and protracted litigation. And, in turn, employers can often rely on courts to enforce their arbitration clauses, either dismissing or staying the case pending completion...more

Proskauer - Employee Benefits & Executive...

Sixth Circuit Rejects Arbitration for Proposed Fiduciary Breach Class Action

The Sixth Circuit, in a matter of first impression for that Circuit, held an arbitration clause contained in an individual employment agreement did not apply to ERISA fiduciary breach claims brought on behalf of a defined...more

Manatt, Phelps & Phillips, LLP

Ninth Circuit Circumvents the FAA by Upholding Portions of CA Law Banning Mandatory Arbitration

On September 15, 2021, a split Ninth Circuit panel ruled that certain portions of California’s Assembly Bill 51 (2019) were not preempted by the Federal Arbitration Act (FAA), raising questions as to whether many employers’...more

Proskauer Rose LLP

What Forced Arbitration Ruling Means For Calif. Employers

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On Wednesday, in a surprising turn, the U.S. Court of Appeals for the Ninth Circuit reversed in part a 2020 preliminary injunction issued by a district court and resurrected California Labor Code Section 432.6, the Golden...more

Fenwick & West LLP

Message from Mars: The Drawbacks of Trade Secret Arbitration

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On July 6, 2021, a federal court ordered that Mars, Inc.’s trade secret lawsuit against its former executive must be resolved in arbitration. Mars v. Szarzynski is a cautionary example of broad judicial interpretation of...more

Saiber LLC

SDNY Rules that Trump Campaign Non-Disclosure is too Broad to Enforce

Saiber LLC on

In another strike against restrictive covenants in employment contracts, Judge Paul G. Gardephe of the Southern District of New York ruled in Jessica Denson v. Donald J. Trump For President, Inc. that the non-disclosure and...more

Payne & Fears

Arbitration Agreements with Class Waivers: Be Careful What You Wish For

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In Hamlet’s Third Act, Hamlet discovers a plot against his life and resolves to counter it by letting Rosencranz and Guildenstern, whom he suspects are complicit in the plan, be "Hoist with [their] own petard," meaning, blown...more

Zuckerman Spaeder LLP

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

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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

Fisher Phillips

Judge Explains Her Decision to Block California’s Ban on Mandatory Arbitration

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California employers breathed a bit easier once a federal judge pressed the indefinite pause button on the newly enacted law aimed at preventing employers from utilizing mandatory arbitration agreements. Now, a few weeks...more

Epstein Becker & Green

California Federal Court Issues Detailed Decision Explaining Its Preliminary Injunction to Block Anti-Arbitration Law

Epstein Becker & Green on

As we wrote here, United States District Court Judge Kimberly J. Mueller of the Eastern District of California wrote a brief “minute order” explaining that she was issuing a preliminary injunction to halt enforcement of...more

Littler

EEOC Rescinds Policy Statement Disfavoring Arbitration Agreements

Littler on

As part of its efforts to rescind outdated guidance on a rolling basis, the EEOC recently dispensed with a 22-year-old policy statement that disfavored mandatory arbitration agreements between employers and employees....more

McNees Wallace & Nurick LLC

Will the Federal Arbitration Act Dismantle California’s Prohibition Against Employment Arbitration?

If your business operates in California, you need to be aware of AB 51, a law that will take effect January 1, 2020.  AB 51 precludes employers from requiring any applicant or employee, as a condition of employment, continued...more

FordHarrison

2019 Recap: New York Leads the Nation in Expanding Work Harassment Protections

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New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any...more

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

False Alarm? The Practical Impact of AB 51, California’s New Anti-Arbitration Statute

California recently enacted Assembly Bill (AB) 51, a law that attempts to ban certain mandatory employment arbitration agreements in the state. But what is the practical impact of AB 51 in light of its possible preemption by...more

Sheppard Mullin Richter & Hampton LLP

AB 51 – Arbitration Under Attack

On October 10, 2019, Governor Newsom signed Assembly Bill 51 (AB 51) into law. This important legislation is aimed at reversing a series of cases that allow employers to unilaterally impose pre-dispute arbitration agreements...more

Seyfarth Shaw LLP

NLRB Invalidates Mandatory Arbitration Agreement That Contains No Exceptions For Filing Administrative Charges

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Seyfarth Synopsis: A new decision reinforces that the National Labor Relations Board will invalidate arbitration agreements that explicitly, or when reasonably interpreted, prohibit filing administrative charges....more

Dorsey & Whitney LLP

Five FAQs on California’s New Ban on Mandatory Arbitration Agreements

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On October 11, 2019, Governor Gavin Newsom signed into law AB 51, which will drastically change the requirements for employers who use arbitration agreements.  Specifically, the new law bans employers from requiring, as a...more

Epstein Becker & Green

California Governor Signs Legislation Outlawing Mandatory Arbitration Agreements with Employees

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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...more

Epstein Becker & Green

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

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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

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