News & Analysis as of

Mandatory Arbitration Clauses Regulatory Agenda

CDF Labor Law LLP

Further Erosion of Arbitration From Employment Agreements

CDF Labor Law LLP on

Employers should be concerned that just this week, Democratic lawmakers (Sen. Cory Booker of New Jersey and Rep. Colin Allred of Texas) outlined legislation that would ban the arbitration of claims involving race...more

Cadwalader, Wickersham & Taft LLP

CFPB Issues Proposed Rule on Form Contracts

The Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule last week addressing the “Registry of Supervised Nonbanks that Use Form Contracts to Impose Terms and Conditions that Seek to Waive or Limit Consumer...more

Shutts & Bowen LLP

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

Shutts & Bowen LLP on

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

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

Kohrman Jackson & Krantz LLP

President Biden Poised To Initiate New Era Of Sex-based Workplace Dispute Litigation

With the passage of H.R. 4445, Congress has discovered a point of agreement: barring the mandatory imposition of arbitration for employees suffering from sexual assault or sexual harassment in the workplace. President Biden...more

Sheppard Mullin Richter & Hampton LLP

Congress Passes Bipartisan Bill to End Mandatory Arbitration of Sexual Harassment and Assault Claims in the Workplace

In a rare display of bipartisanship, Congress recently passed a new law that is poised to eliminate pre-dispute mandatory arbitration of sexual harassment and sexual assault disputes. On February 7, 2022, the House of...more

Goldberg Segalla

President Expected to Sign Bill from Congress Ending Forced Arbitration on Sexual Assault and Sexual Harassment Claims

Goldberg Segalla on

On February 10, 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act), barring an employer’s enforcement of pre-dispute arbitration for claims of sexual assault or...more

Schwabe, Williamson & Wyatt PC

Employers Can No Longer Require Arbitration of Sexual Harassment Claims

On February 10, 2022, a bipartisan group of U.S. legislators passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which amends the Federal Arbitration Act to add a new provision that makes...more

Pullman & Comley - Labor, Employment and...

Congress Approves #MeToo Legislation Prohibiting Compelled Arbitration of Employee Sexual Misconduct Claims

On February 10, 2022, the U.S. Senate approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”). As one might expect based on the name, the Act prohibits employers from requiring employees...more

Procopio, Cory, Hargreaves & Savitch LLP

Congress Moves to End Forced Arbitration of Sexual Assault and Sexual Harassment: What it Means for Employers

In the wake of the #metoo movement, the U.S. Congress has approved and sent to President Biden for his expected signature a modernized Federal Arbitration Act. ...more

CDF Labor Law LLP

Bipartisan Legislation Limiting Mandatory Arbitration of Sexual Harassment or Assault Claims Requires Employers to Re-Examine...

CDF Labor Law LLP on

Over the course of three days, the House and Senate passed HR 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, amending the Federal Arbitration Act (FAA) that is expected to be signed...more

Quarles & Brady LLP

Congress Bars Arbitration of Sexual Assault and Harassment Claims

Quarles & Brady LLP on

In our last alert, What Should Employers Expect in 2022, Non-COVID Edition, we predicted the Senate would pass the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, House Resolution 4445 (the...more

FordHarrison

Congress Passes Bill Ending Forced Arbitration of Sexual Assault and Sexual Harassment Claims

FordHarrison on

Following the recent trend of state laws prohibiting mandatory arbitration of sexual assault and harassment claims, the United States Senate passed HR 4445, entitled “Ending Forced Arbitration of Sexual Assault and Sexual...more

Bodman

Senate Passes Bill Ending Mandated Arbitration in Sexual Misconduct Cases

Bodman on

On February 10, 2022, the Senate passed a landmark bill prohibiting enforcement of pre-dispute contract provisions that mandate arbitration for sexual harassment or assault claims. The bill also prohibits a “pre-dispute joint...more

Littler

Congress Passes Bipartisan Arbitration Limitation

Littler on

Last week brought a significant change for employment arbitration, as both houses of Congress approved a bill, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445), which now heads to the...more

Nelson Mullins Riley & Scarborough LLP

EMPLOYER ALERT – Senate Clears Way for Major Shift in Banning Arbitration Agreements and Class Waivers for Workplace Sexual...

On February 10, 2022, the U.S. Senate passed the Ending Force Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”, available here: H.R. 4445).  President Biden is expected to sign the bill into law shortly.  ...more

Franczek P.C.

Bill to End Forced Arbitration in Sexual Misconduct Cases Passes in U.S. House and Senate

Franczek P.C. on

This morning, the United States Senate passed a bill creating the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The U.S. House of Representatives passed the bill earlier this week, meaning...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation: Trend #5 Impact Of The #MeToo Movement (UPDATED)

Seyfarth Shaw LLP on

Seyfarth Synopsis: Seemingly overnight, the #MeToo movement emerged as a worldwide social phenomenon with significant implications for the workplace and class action litigation. By 2019, it became clear that the movement is...more

Goodwin

CFPB Releases Status Update Regarding Fall 2016 Rulemaking Agenda

Goodwin on

On December 2, 2016, the Consumer Financial Protection Bureau (CFPB) released a status update regarding various initiatives that were proposed in its fall 2016 rulemaking agenda. The update provides readers with an overview...more

McGuireWoods LLP

State Attorneys General Urge CFPB to Regulate Arbitration Clauses in Consumer Agreements

McGuireWoods LLP on

Late last year, the attorneys general of California, New York, Illinois and 13 other states urged the CFPB to use its statutory authority to “regulate pre-dispute mandatory arbitration clauses in consumer agreements for...more

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