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Employment Contract › Mandatory Arbitration Clauses › Supreme Court of the United States

Holland & Knight LLP

U.S. Supreme Court Hears Argument on Arbitration Exemption for Food Delivery Drivers

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The U.S. Supreme Court heard oral argument on Feb. 20, 2024, on whether food distributors are exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA), governing "contracts of employment of seamen,...more

Foley & Lardner LLP

Ongoing Battles Remind Employers to Carefully Consider Their Approach to Arbitration Agreements

Foley & Lardner LLP on

Hop into the time machine with me so I can take a quick victory lap before I revert to being the ever-cautious counselor. Way back in October 2019, I not-so-subtly indicated my belief that a California statute banning...more

ArentFox Schiff

Ninth Circuit’s Reversal Allows Mandatory Employment Arbitration Agreements in California

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In another reversal of course, the US Ninth Circuit Court of Appeals cleared the way again for California employers to require arbitration agreements. The latest 2-1 decision in Chamber of Commerce v. Bonta, issued on...more

Bradley Arant Boult Cummings LLP

SCOTUS Smacks Down “Bespoke” Arbitration-Preferring Rules, Does Away with Prejudice Requirement in Waiver Analysis

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If you have an arbitration agreement, do you have to compel arbitration when the lawsuit is filed or can you wait awhile? This week, the Supreme Court concluded that a party litigating in federal court cannot later compel...more

Miles & Stockbridge P.C.

Supreme Court Considers the Reach of Workplace Arbitration Agreements

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The Supreme Court has recently taken the challenge of assessing the scope and breadth of workplace arbitration provisions under the Federal Arbitration Act (“FAA”) in Viking River Cruises, Inc. v. Moriana, and Southwest...more

Ervin Cohen & Jessup LLP

Supreme Court Hears Oral Argument on Arbitrability of California's Private Attorneys’ General Act Under Federal Arbitration Act

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Since the California Supreme Court’s ruling in Iskanian v. CLS Transportation Los Angeles, LLC in 2014, it has been widely understood that Private Attorneys’ General Act (“PAGA”) actions cannot be subject to employment...more

Akin Gump Strauss Hauer & Feld LLP

As Supreme Court Hears Argument in Viking River Cruises, PAGA’s Most Consequential Case Faces an Uncertain Future

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Today, the U.S. Supreme Court will hear oral argument in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573. Wage and hour practitioners, particularly in California, have watched the case with keen interest because it...more

K&L Gates LLP

U.S. Supreme Court to Address Prejudice Requirement for Waiver of Arbitration Agreements

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Agreements to submit disputes to arbitration are commonplace, with parties attempting to avoid the time, cost, and publicity involved in litigating disputes in court. To facilitate these aims, the Federal Arbitration Act (the...more

Proskauer - Law and the Workplace

EEOC Rescinds Its Long-Standing Policy Statement On Arbitration Agreements

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The EEOC has rescinded its 1997 Policy Statement on Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment (the “Policy Statement”), which set forth the Commission’s position that...more

Proskauer - Labor Relations Update

NLRB Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights

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On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity since the Supreme Court decided Epic Systems Corp v. Lewis, 584 U.S. __,...more

Fisher Phillips

Kentucky Governor Signs Senate Bill 7 Into Law Reestablishing Employment Arbitration

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Kentucky Governor Matt Bevin signed into law Senate Bill 7 which brings Kentucky back in line with every other state by allowing employers to require employees to arbitrate claims as a condition of employment. The new law,...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Supreme Court Allows Employers to Prevent Class Action Lawsuits through Properly Drafted Arbitration Agreements

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On May 21, 2018, the United States Supreme Court decided that employers may prevent their employees from filing certain class action lawsuits through a properly drafted arbitration agreement. Epic Systems Corp. v. Lewis,...more

Parker Poe Adams & Bernstein LLP

Supreme Court Confirms Use of Class Action Waivers in Employment Arbitration Agreements

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Last week in a 5-4 decision, the U.S. Supreme Court held in favor of employers in a case that may push an increasing number of companies to use mandatory arbitration agreements with their employees. Arbitration agreements in...more

Fisher Phillips

Epic Win: Supreme Court Saves Employment Arbitration As We Know It

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To the relief of employers across the country, the Supreme Court today ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (NLRA) and are,...more

Clark Hill PLC

Class Action Waiver Cases Moved to the Top of Supreme Court's October Term

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The U.S. Supreme Court recently announced that on the first day of its upcoming October term it would hear oral argument on three consolidated cases addressing whether employers' arbitration agreements that require employees...more

Foley & Lardner LLP

Waiting for Gorsuch: SCOTUS Kicks Important Class-Action Waiver Case to Next Term

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Last week, the United States Supreme Court informed litigants in Epic Systems Corp. v. Lewis that it is pushing the case to its October 2017 term. The lawsuit, which rose up through the Western District of Wisconsin and the...more

Seyfarth Shaw LLP

ERISA Class Action Waivers and Mandatory Arbitration–Will The Supreme Court Start A Trend?

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Synopsis: Supreme Court has agreed to decide the fate of class waiver provisions in mandatory arbitration agreements, which may spark a new trend in ERISA benefits litigation. On January 13, 2017, the United States...more

Snell & Wilmer

Mandatory Employee Arbitration Heads to the U.S. Supreme Court

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Last Friday, the U.S. Supreme Court agreed to hear three cases with a similar question: whether employers can force employees to arbitrate employment claims on an individual basis and bar such claims from being brought...more

Franczek P.C.

For Its 2016-2017 Term, Supreme Court Takes A Cautious Approach, With Few Blockbuster Labor and Employment Cases

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Last week, the U.S. Supreme Court began its first full term since the death of Justice Antonin Scalia, the central advocate for the Court’s conservative bloc. Since Justice Scalia’s death this past February, the Court has...more

Seyfarth Shaw LLP

Governor’s Pen Sends Anti-Employment Arbitration Bill to the Grave

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On October 11—his very last day to sign or veto bills—Governor Brown vetoed the much-feared Assembly Bill 465. AB 465 would have banned mandatory agreements to arbitrate Labor Code claims as a condition of employment. At...more

McManis Faulkner

The Changing Face of Employment Arbitration Agreements in California

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Arbitration. A simple word, but one that, in the context of employment agreements, was typically a “dirty” word in the eyes of California courts. Indeed, for many years, state courts could be seen as openly hostile to...more

Weintraub Tobin

U.S. Supreme Court Declines Review of California’s Iskanian Decision – California State and Federal Courts Remain Divided on PAGA...

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The U.S. Supreme Court has declined to review California high court’s landmark decision in Iskanian v. CLS Transportation Los Angeles, which held that arbitration agreements with mandatory class waivers are generally...more

Carlton Fields

California’s Inconsistent Treatment of Pre-Dispute Waivers in Arbitration Agreements Will Remain in Place

Carlton Fields on

This week, the U.S. Supreme Court declined to grant review in Iskanian v. CLS Transportation Los Angeles, LLC, leaving in place a California Supreme Court holding that pre-dispute arbitration agreements cannot require...more

Proskauer - California Employment Law

U.S. Supreme Court Tires (For Now) of Playing “Whack-a-Mole” With California Over Arbitration

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On January 20, 2015, the U.S. Supreme Court denied the petition for certiorari filed in CLS Transp. Los Angeles, LLC v. Iskanian, a case in which the California Supreme Court held that waivers of employees’ right to bring...more

BakerHostetler

The Supreme Court’s denial of certiorari in Iskanian only hardens the federal-state divide over PAGA claims

BakerHostetler on

The divide continues between California and federal law on whether an arbitration agreement can entirely waive an employee’s ability to seek classwide or multiparty representational relief. The Supreme Court on Tuesday denied...more

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