News & Analysis as of

Mandatory Arbitration Clauses Hiring & Firing

Carlton Fields

New York Appellate Court Reverses Order Compelling Arbitration, Holds Collective Bargaining Agreement Arbitration Provisions...

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New York statutes classify certain civil service positions as exempt where such positions are confidential in nature and require personal qualities that cannot practicably be tested by an examination. These positions are...more

McDermott Will & Emery

Ninth Circuit Holds That California AB 51 Is Preempted by the FAA

McDermott Will & Emery on

As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a...more

Stokes Wagner

California Employers May Require Arbitration Agreements as a Condition of Employment

Stokes Wagner on

Avid readers of Stokes Wagner’s legal updates may be familiar with California’s Assembly Bill 51, a law that, until very recently, prohibited California employers from requiring employees or job applicants to sign arbitration...more

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

Ninth Circuit Blocks California’s Ban on Mandatory Arbitration in Employment

On February 15, 2023, the Ninth Circuit Court of Appeals blocked a 2020 California law that attempted to prohibit employers from requiring employees and job applicants to agree to arbitration as a condition of employment. The...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

Kohrman Jackson & Krantz LLP

Second Circuit Makes It Easier for Employees to Question E-Signatures

Last month, the United States Court of Appeals for the Second Circuit found that an employee’s sworn statement that she never electronically signed (or even saw) an arbitration agreement during the onboarding process were,...more

DirectEmployers Association

OFCCP Week In Review: January 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...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

Spilman Thomas & Battle, PLLC

New Federal Court Decision: Arbitration Clauses can Preclude Appellate Review of Arbitration Decisions

In an issue of first impression, on April 8, 2021, a three-judge panel of the Fourth Circuit Court of Appeals unanimously ruled that an arbitration clause in an employment contract that waives appellate review is enforceable....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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Fisher Phillips

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

Fisher Phillips on

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

Orrick - Employment Law and Litigation

New California Employment Laws for 2020

2020 is upon us, and with it, a slew of new employment laws that are now in effect. Read on for a description of 13 key employment laws every employer operating in California should know about going into 2020. ...more

FordHarrison

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

FordHarrison on

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

Harris Beach PLLC

New York State Updates Guidance on Harassment Prevention and Policies

Harris Beach PLLC on

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

Payne & Fears

Employers No Longer Able to Require Arbitration Agreements As Condition of Employment

Payne & Fears on

On October 10, 2019, Governor Gavin Newsom signed into law a new bill (AB 51) that will have a substantial impact on the employment litigation landscape in California. ...more

Cooley LLP

Alert: New California Employment Laws Impact Statutes of Limitations, Arbitration, Lactation Accommodation, Rehire and Organ...

Cooley LLP on

On October 10, California Governor Gavin Newsom signed several notable new employment laws, effective on January 1, 2020....more

Proskauer Rose LLP

Employment Law Developments Impacting Fund Managers: Workplace Challenges in the #MeToo Era and Beyond

Proskauer Rose LLP on

2019 has been a busy year for developments in workplace law. With the current administration in Washington taking a very passive stance on regulation of employers, States and Cities have led the charge to expand workers'...more

Fenwick & West LLP

New York Employers: Prepare for Changes to Harassment, Discrimination and Equal Rights Laws

Fenwick & West LLP on

New York Governor Andrew M. Cuomo on August 12 signed into law new legislation expanding employee protections against discrimination and harassment. Among the key provisions are a lower standard for proving harassment,...more

Dorsey & Whitney LLP

New York Legislature Passes Sweeping Amendments to its Discrimination and Harassment and Pay Equity Laws

Dorsey & Whitney LLP on

Building in part on amendments passed last year, the New York State Legislature has passed legislation significantly broadening protections for employees. Governor Cuomo is expected to sign the amendments into law shortly....more

Littler

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

Littler on

The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...more

Seyfarth Shaw LLP

Employees Who Won’t Get On Board With Arbitration—Can Employers Rock The Boat?

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Seyfarth Synopsis: Everything was smooth sailing with your latest greatest arbitration agreement, but then an employee refused to get on board. What do you do now? Keep reading for a primer on navigating some murky waters....more

Carlton Fields

Ninth Circuit Finds No Foreign Arbitration Award to Uphold

Carlton Fields on

Foreign arbitration awards must generally be upheld in the United States under treaty obligations. Upholding a foreign award requires that there actually be an arbitration award, however. For that matter, it requires an...more

Fisher Phillips

Looking Ahead – California Legislature to Address Dynamex and a Host of New Employment Proposals

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February 22 was the last day to introduce new legislative proposals for the 2019 California legislative year. A whopping 2,576 bill were introduced before the deadline, making for an extremely busy legislative year ahead....more

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