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Federal Arbitration Act Harassment

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Payne & Fears

May 2024 Case Summaries

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Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence...more

Dechert LLP

When It Rains, It Pours: Supreme Court, EEOC and DOL Release Flood of Employment Law Developments

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Through two unanimous decisions, the Supreme Court has made it easier for employees to avoid arbitration due to their status as "transportation workers" and to challenge job transfers as discriminatory under Title VII. ...more

Jackson Lewis P.C.

FAA Preempts New Jersey’s Implied Restriction On Use Of Arbitration Agreements, Court Finds

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To the extent that it attempted to limit the prospective waiver of procedural rights in favor of arbitration or other alternative dispute resolution, the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD) is...more

Cole Schotz

District Of New Jersey Rules That New Jersey Ban On Employment Arbitration Agreements Is Preempted By The Federal Arbitration Act

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In a decision rendered March 25, 2021, United States District Court Judge Anne E. Thompson barred the State of New Jersey from enforcing a recently enacted statutory provision that precluded employers from requiring workers...more

Seyfarth Shaw LLP

New Jersey Arbitration Agreements Need Not Designate a Specific Arbitrator or “Arbitral Forum” to be Enforceable

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Seyfarth Synopsis: In Flanzman v. Jenny Craig, Inc., the New Jersey Supreme Court reversed the Appellate Division and held that an arbitration agreement may bind the parties even if the agreement does not designate a specific...more

Best Best & Krieger LLP

Best in Law: New 2020 Laws for Employers

Partner Joseph Ortiz Discusses Changes in the Southern California Newspaper Group - For California employers, 2020 brings sweeping changes to equalize the workplace. This playbook of new employment laws — aimed at...more

Hogan Lovells

Did California Ring the Death Knell or the Fight Bell in Trying to Ban Arbitration Agreements with AB 51?

Hogan Lovells on

California Governor Gavin Newsom recently signed into law 15 bills designed to provide greater employee protections in California.  Among those bills were Assembly Bill 9 (“AB 9”) and Assembly Bill 51 (“AB 51”), both of which...more

Lewitt Hackman

“No more arbitration for you!”: The California #MeToo Affect Continues

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California Governor Gavin Newsom signed groundbreaking legislation largely impacting mandatory arbitration agreements (Assembly Bill 51) and extending the deadline to file a harassment complaint from one to three years...more

Ballard Spahr LLP

Federal Court Rules that the FAA Preempts New York Law Prohibiting Mandatory Arbitration of Sexual Harassment Claims

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In response to the #MeToo movement, New York State has led the way in enacting legislation to expand employee rights to file and recover for sexual harassment claims.  ...more

Sheppard Mullin Richter & Hampton LLP

Did New Jersey Just Try to Ban Employment Arbitration Agreements?

On March 18, 2018, the New Jersey Law Against Discrimination (NJLAD) was amended to prohibit prospective waivers of substantive and procedural rights or remedies relating to a claim of discrimination, retaliation, or...more

Epstein Becker & Green

New Jersey Responds to the #MeToo Era by Broadly Banning “Waiver of Rights” and Nondisclosure Provisions in Employment Agreements

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On March 18, 2019, New Jersey Governor Phil Murphy signed S121 (“Law”), a measure that will have immediate and significant impact on the enforceability of “waiver of rights” provisions in employment contracts and...more

Ervin Cohen & Jessup LLP

California Close to Banning Employment Arbitration Agreements

The California Legislature is poised to dispense with a cost-effective and expedient method of resolving employment disputes. Specifically, Assembly Bill 3080 seeks to prohibit any person or business from conditioning...more

Payne & Fears

AB 3080, Banning Mandatory Workplace Arbitration Agreements, Now Awaits Governor’s Signature

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On August 22, 2018, the California Senate voted to approve AB 3080, a bill prompted by the #MeToo movement against sexual harassment. Nominally, the bill is intended to combat the use of mandatory arbitration agreements and...more

Pillsbury Winthrop Shaw Pittman LLP

Maryland Employers Face New Sexual Harassment Disclosure Obligations

The “Disclosing Sexual Harassment in the Workplace Act” goes into effect on October 1, 2018, creating new potential liability and obligations for employers. The new law invalidates any employment contract or policy that...more

Sheppard Mullin Richter & Hampton LLP

The Ending Forced Arbitration of Sexual Harassment Act May Apply To More Than Sexual Harassment

Many employers rely on pre-dispute arbitration agreements to resolve employment litigation in private arbitration rather than in court. However, two recent bipartisan bills introduced in Congress may change the employment...more

Carlton Fields

California Supreme Court Holds That Arbitrator, Not Court, May Determine If Arbitration Agreement Permits Class Arbitration

Carlton Fields on

The California Supreme Court has held that an arbitrator, rather than a court, has the power to decide whether class claims can proceed in arbitration, where the parties’ arbitration agreement is ambiguous on the question....more

Seyfarth Shaw LLP

Absent Express Contract, Arbitrator, Not Court, Rules On Class Arbitrability

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Seyfarth Synopsis: The California Supreme Court, in Sandquist v. Lebo Automotive, deviated from rulings of most federal circuit courts to hold that the question of “who decides” whether class arbitration is available—courts...more

Bradley Arant Boult Cummings LLP

Blacklisting for Past Labor Violations -- Executive Order 13673

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

JAMS

Federal Arbitration Case Update | Compelling and Appealing

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Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management,...more

Troutman Pepper

Ninth Circuit Again Clarifies that Arbitration Is Creature of Contract: Employee's Agreement to Abide by Company Manual Is...

Troutman Pepper on

The court’s opinion instructs that employee agreements to arbitrate may be obtained through written acknowledgments referencing company manuals. Arbitration remains a preferred forum for many employers, yet courts are...more

Fisher Phillips

Labor Letter, September 2013: Employers Go "Two For Two" – Three Times Over: A Review Of The 2012-13 Supreme Court Term

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Looking back at the recently-completed 2012-2013 Supreme Court term, employers should have reason to feel good about how things turned out. In fact, of the six major decisions that impact employers and can be categorized in...more

Dechert LLP

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in the United States

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U.S. Supreme Court Decisions - Court Limits Definition of “Supervisor” Under Federal Anti-Discrimination Law - In Vance v. Ball State University (June 24, 2013), in a 5-4 decision, a majority of the Supreme...more

Franczek P.C.

A Review Of The Supreme Court’s 2012-2013 Term

Franczek P.C. on

As the United States Supreme Court’s 2012-2013 term drew to a close at the end of June, commentators observed a continuing gradual but perceptible shift to the right by the Court. The Roberts Court is generally viewed as...more

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