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Mandatory Arbitration Clauses Employer Liability Issues Employment Policies

Burr & Forman

More Than Meets the Eye: TN Court Finds Arbitration Agreement in Employee Handbook Non-Binding

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In Mankin Media Systems, Inv. v. Timothy Crowder, No. 19CV-48300W (Jun. 30, 2022), the Court of Appeals of Tennessee reversed the confirmation of an arbitration award because the so-called arbitration clause appeared in the...more

Fenwick & West LLP

Federal Arbitration Act Amended to Prohibit…

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On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act), which amends the Federal Arbitration Act (the FAA) and prohibits employers from requiring...more

Steptoe & Johnson PLLC

The 'Ending Forced Arbitration Act' Now Allows Sexual Harassment Claimants to Avoid Arbitration and File Suit

In the last month, the U.S. House of Representatives and U.S. Senate have approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Ending Forced Arbitration Act), which was signed into law by...more

Sheppard Mullin Richter & Hampton LLP

UPDATE: President Biden Signs Bipartisan Bill to End Mandatory Arbitration of Sexual Harassment and Assault Claims in the...

As anticipated, on March 3, 2022, President Biden signed The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445). The law takes effect immediately. As explained in our prior blog, in...more

Obermayer Rebmann Maxwell & Hippel LLP

Biden Signs Bill Limiting Arbitration of Sexual Harassment Cases

Yesterday, President Joe Biden signed into law a bill that will transform how employers across the nation resolve allegations of workplace sexual harassment and assault, and how such issues are addressed in employment...more

Miller & Martin PLLC

Claims of Sexual Assault and Sexual Harassment Can No Longer Be Kept Out of Court Through Mandatory, Pre-Dispute Arbitration...

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On March 3, 2022, President Biden signed into law the "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act" (“the Act”), also referred to as the "#MeToo Act." ...more

Foley Hoag LLP

President Biden Signs Bill Easing Restrictions on Workplace Sexual Harassment and Assault Lawsuits

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On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”) into law. The Act amends the Federal Arbitration Act to prohibit employers from mandating...more

Bradley Arant Boult Cummings LLP

Blocking the Gate to Arbitrate: Congress Passes Law Banning Pre-Dispute Arbitration Agreements on Sex Harassment Claims

Both the House and Senate have approved a bill that allows victims of workplace sexual assault and sexual harassment to take their claims to court instead of being forced to arbitration. In a rare show of partisanship,...more

Butler Snow LLP

We Can’t Work It Out: Congress Blocks Mandatory Arbitration of Employee Sexual Assault and Harassment Claims

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With support on both sides of the aisle, Congress recently passed H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. This legislation affects employment contracts that include...more

Shutts & Bowen LLP

Employer Insights: Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 

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Last month, both bodies of Congress approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445), and President Biden is expected to sign the bill into law in the near future. This...more

Spilman Thomas & Battle, PLLC

Bill Ending Forced Arbitration of Sexual Assault and Sexual Harassment Claims Heads to President's Desk

Late yesterday, the United States Senate approved a bill that will ban employers from requiring employees to settle sexual harassment and sexual assault claims in arbitration without the option of filing a civil lawsuit. The...more

Akerman LLP - HR Defense

Sexual Harassment Complainants Guaranteed Their Day in Court – Employers Beware the Implications

Since the onset of the #MeToo movement, allegations of sexual harassment in the workplace are frequently spotlighted in the news and on social media. Still, many claims between employers and employees are resolved outside of...more

Poyner Spruill LLP

Congressional Action on Forced Arbitration of Sexual Harassment and Assault Claims

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Congress recently passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, and it is expected to be signed into law by the President.  The Bill allows employees who previously entered into...more

Hogan Lovells

Forced arbitration ban in #MeToo cases: what’s next for employers?

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President Biden is expected to sign into law legislation that prohibits forced arbitration for sex harassment or sex assault claims and creates new considerations for employers who have used such agreements to mitigate...more

Foley & Lardner LLP

#MeToo2022: I’ll See You In Court, If I Want To – Congress Passes Ban on Mandatory Arbitration of Sexual Harassment and Assault...

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In the wake of the #MeToo movement, several states, such as California, have taken steps to ban mandatory arbitration clauses that cover claims of sexual harassment and assault. However, such prohibitions have decidedly not...more

Hinshaw & Culbertson - Employment Law...

The 12 days of California Labor & Employment Series – Day 2: Failure to Timely Pay Arbitrator May Lose the Right to Arbitrate

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this second day of the holidays, my labor and employment...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Haug Partners LLP

Ninth Circuit to Examine the Reach of Mandatory Employment Arbitration Agreements

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On March 2, 2021, the United States Court of Appeals for the Ninth Circuit will hear oral argument in a case that could test the boundaries of mandatory arbitration, and determine whether employees can be tethered to...more

Morgan Lewis

NY Federal Court Decision Highlights Importance of Careful Drafting of Arbitration Program

Morgan Lewis on

The US District Court for the Southern District of New York (SDNY) ruled that an employer’s mandatory arbitration program was unenforceable because its terms were contained in an employee handbook and did not create a binding...more

Akin Gump Strauss Hauer & Feld LLP

The New York Supreme Court Enforces New York’s State Law Prohibiting Mandatory Arbitration of Employment Discrimination Claims and...

- On July 13, 2020, the New York Supreme Court in Andowah Newton v. LVMH Moët Hennessy Louis Vuitton Inc., Sup. Ct., N.Y. County, July 13, 2020, J. Nock, Index No. 154178/2019, slip op at p. 16, allowed the plaintiff employee...more

Fisher Phillips

Web Exclusive: January 2020: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Federal Court Blocks California’s Ban On Mandatory Arbitration Agreements

Fisher Phillips on

California employers just received a last-minute reprieve from complying with a newly enacted law that aims to prevent them from utilizing mandatory arbitration agreements with their employees – at least for now. A federal...more

Fisher Phillips

EEOC Scraps Policy That Took Aim At Mandatory Workplace Arbitration

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The Equal Employment Opportunity Commission yesterday withdrew its 1997 policy statement that had disapproved of the practice of requiring workers to enter into arbitration agreements to resolve workplace discrimination...more

Kelley Drye & Warren LLP

California Employers Forbidden to Require Employees to Agree to Arbitrate Certain Disputes

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On October 13, 2019, California Governor Gavin Newsom signed into law Assembly Bill 51 (“AB 51”). In a momentous upheaval of existing law, AB 51 prohibits California employers from requiring employees to agree to arbitrate...more

Harris Beach PLLC

New York State Updates Guidance on Harassment Prevention and Policies

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New York State’s frequently asked questions (FAQ) guidance on harassment prevention has been updated to reflect several recent amendments to workplace harassment law. While the guidance is tailored to address sexual...more

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