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Labor Disputes Arbitration Agreements

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Epstein Becker & Green

Employees Not in the Transportation Industry Can Be Exempted From Arbitration Under the FAA

The U.S. Supreme Court has ruled that in determining exemption from the Federal Arbitration Act (“FAA”) for “workers engaged in foreign or interstate commerce” — commonly referred to as the “transportation worker”...more

Carlton Fields

Ninth Circuit Compels Arbitration of Plaintiff’s Individual Labor Claims Under PAGA, Remands Non-Individual Claims

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In Johnson v. Lowe’s Home Centers LLC, the Ninth Circuit Court of Appeals affirmed a district court order granting defendant Lowe’s motion to compel arbitration of plaintiff Maria Johnson’s individual claims brought under...more

Seyfarth Shaw LLP

PAGA Paraphrased – DeMarinis v. Heritage Bank of Commerce

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Seyfarth Synopsis: The first reported PAGA case of 2024 serves as a reminder of the importance of precise language for an enforceable PAGA waiver and the risks of including a “poison pill” provision in a...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

Carlton Fields

District Court Compels Arbitration for Claims Against Supervisor Despite Plaintiff’s Claims Regarding Never Seeing or Signing...

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The U.S. District Court for the District of Nebraska recently granted a defendant’s motion to compel arbitration despite a plaintiff’s claims that she had never seen or signed the employment agreement containing the...more

Burr & Forman

Fifth Circuit Finds Jurisdiction Over Post-Award Proceedings Under FAA

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While the Federal Arbitration Act (“FAA”) does not provide federal subject matter jurisdiction, federal courts may nevertheless have jurisdiction over proceedings to compel arbitration if the underlying claim is “predicated...more

Epstein Becker & Green

Not So Fast – Federal Court Issues TRO to Enjoin Enforcement of New California Arbitration Statute

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We recently wrote about a new California law set to go into effect on January 1, 2020 that would outlaw mandatory arbitration agreements with employees....more

Littler

Enforcement of California’s Anti-Arbitration Law Put on Hold

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A federal court in California has prevented, at least for now, an expansive anti-arbitration law from taking effect on January 1, 2020.  Under Assembly Bill (AB) 51, enacted on October 10, 2019, employers cannot require...more

Smith Debnam Narron Drake Saintsing & Myers,...

Congress Continues To Examine Forced Arbitration

An historic piece of legislation was passed in the U.S. House of Representatives on September 20, 2019. The Forced Arbitration Injustice Repeal (FAIR) Act, (HR 1423) was introduced by Rep. Johnson (D-GA-4). The FAIR Act...more

Carlton Fields

Fifth Circuit Holds Parties Did Not Enter Into Arbitration Agreement Under the FAA

Carlton Fields on

Estella Trammell was an at-will employee of AccentCare. She challenged the district court’s order requiring her to arbitrate a pay dispute with AccentCare. The district court held that there was an enforceable arbitration...more

Ballard Spahr LLP

House Judiciary Subcommittee Hears Testimony on Arbitration Agreements

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A subcommittee of the House Judiciary Committee recently held a hearing titled “Justice Denied: Forced Arbitration and the Erosion of our Legal System.”...more

Seyfarth Shaw LLP

Halloween Bill Provides A Scare By Seeking To Prohibit Workplace Arbitration Altogether

Seyfarth Shaw LLP on

Seyfarth Synopsis: Congress has once again proposed legislation that would seek to ban mandatory workplace arbitration of employment claims, despite a string of United States Supreme Court decisions upholding arbitration and...more

Seyfarth Shaw LLP

Arbitration And The Increasingly Political Judiciary—Should Employers (And Employees) See Arbitration As The More Neutral Forum?

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Seyfarth Synopsis: The trend-lines describe employment-related litigation in the past 25 years: (1) the emergence of arbitration as a flexible and increasingly legally viable to resolve employment claims...more

Seyfarth Shaw LLP

SLOW DOWN Congress: You Are About To Render The FAA Inapplicable To Employment Disputes (And Class Waivers), And You Probably...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Pending bi-partisan legislation aimed at preventing employers from enforcing arbitration agreements of sexual harassment claims might make employers unable to enforce arbitration agreements, and class...more

Moore & Van Allen PLLC

Broadening Split on Viability of Class Waivers in Employment Arbitration Agreements Invites SCOTUS

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In the years following the U.S. Supreme Court’s AT&T Mobility v. Concepcion decision, more and more courts enforced class waivers in arbitration agreements based on the commands of the Federal Arbitration Act (FAA). The...more

WilmerHale

Argentina: From International Market Isolation to Promising Opportunities for Investors

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Argentina is keen to attract foreign investment. Not only has it recently implemented a series of economic measures, but it has also made changes to its legal framework including the enactment of a new arbitration regulation,...more

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

Missouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement

In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled...more

Stoel Rives LLP

NLRB Attempts to Make an End Run Around Courts Invalidating its Rulings on Arbitration Agreements

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On October 28, 2014, the National Labor Relations Board (“NLRB”) issued its decision in Murphy Oil USA Inc., once again attempting to prohibit employers from requiring employees to enter into agreements to arbitrate...more

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