News & Analysis as of

Mandatory Arbitration

Jackson Lewis P.C.

Puerto Rico Supreme Court Rules Continued Employment is Valid Consent to an Arbitration Agreement

Jackson Lewis P.C. on

The Puerto Rico Supreme Court has confirmed that continued employment may be valid consent to mandatory employment arbitration agreements in a matter of first impression. Aponte et al. v. Pfizer Pharmaceuticals, LLC, CC...more

Payne & Fears

Case in Point -- Recent Updates in California Employment Law

Payne & Fears on

Welcome to the second edition of “Case in Point,” a series of short videos in which we recap key employment cases from the past quarter and discuss what they mean for employers in California. In this 6-minute episode, Tyler...more

Jackson Lewis P.C.

U.S. Chamber of Commerce Seeks En Banc Review of Decision on FAA Preemption and California’s AB 51

Jackson Lewis P.C. on

As suggested by its previous motion, the U.S. Chamber of Commerce has filed a petition for rehearing en banc after a divided panel of the U.S. Court of Appeals for the Ninth Circuit found the Federal Arbitration Act (FAA) did...more

Mintz - Employment, Labor & Benefits...

9th Circuit Upholds California Bill Banning Mandatory Arbitration in Employment – Likely Headed for Supreme Court

In 2019, the California legislature passed AB 51, a law prohibiting employers from requiring employees to agree to arbitration as a condition of employment. Before the law went into effect, the U.S. Chamber of Commerce—a...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Upholds in Part California’s Ban on Mandatory Arbitration

A divided Ninth Circuit panel dealt a blow to California employers recently in holding that a state law prohibiting mandatory arbitration agreements is largely not preempted by the Federal Arbitration Act (“FAA”).  California...more

Fox Rothschild LLP

Fate Of Mandatory Arbitration Agreements In California In Flux

Fox Rothschild LLP on

A recent 9th Circuit ruling has cast doubt on employers’ ability to implement mandatory arbitration agreements for workers, and whether (and to what extent) there will be civil and criminal penalties for doing so. Until the...more

Fox Rothschild LLP

Mandatory Arbitration Again In Question In CA (AB 51 Resuscitated)

Fox Rothschild LLP on

Think back pre-Covid, the end of 2019, a law was set to take effect in California that banned mandatory arbitration, and imposed criminal penalties on employers for mandating arbitration. This law (AB51) also prohibited the...more

Bressler, Amery & Ross, P.C.

The Tide Rises: Will Biden’s Blue Wave Wash Away Mandatory Arbitration?

Congressional rumblings about outlawing mandatory arbitration clauses are relatively common, but they have not been successful. Ever since a hard-won battle in the 1980s, the industry has been calling the shots about where...more

Jackson Lewis P.C.

Ninth Circuit: ERISA Does Not Bar Forum Selection Clauses

Jackson Lewis P.C. on

Aligning itself with other circuit courts that have ruled on the issue, the Ninth Circuit recently held that ERISA does not bar forum selection clauses in benefit plans. The background of the case and the Ninth Circuit’s...more

Jaburg Wilk

To Arbitrate or Not to Arbitrate

Jaburg Wilk on

Many real estate contracts include an “arbitration provision,” whereby the parties to the contract agree that they will resolve any disputes which may arise between them through arbitration, and not through the judicial...more

Ulmer & Berne LLP

Are We Looking At The End Of Mandatory Arbitration? That’d Be OK With Me

Ulmer & Berne LLP on

As everyone knows, back in the 1980s, broker-dealers fought hard for the ability to include in a customer agreement a clause mandating that all disputes be dealt with in the arbitration forum, rather than in court. It was...more

Roetzel & Andress

Expansive Labor Relations Legislation Passes House

Roetzel & Andress on

On March 9, 2021, the Protecting the Right to Organize (PRO) Act, a bill that would provide significant protections for workers seeking to organize and bargain, cleared the House of Representatives on a 225-206 vote. Five...more

Cozen O'Connor

Employment Law Now V-92 – Analyzing Congress’ Proposed “Pro Act” and Its Implication on Labor Law

Cozen O'Connor on

Evan Armstrong from the Retail Industry Leaders Association (RILA) joins Mike Schmidt to talk about the significant PRO Act that was introduced in Congress and that will dramatically alter labor issues such as the use of...more

Roetzel & Andress

Roetzel & Andress: 2020 Appellate Year In Review

Roetzel & Andress on

The Appellate Law Practice Group of Roetzel & Andress represented clients in a wide variety of cases in both state and federal courts, appealing adverse trial court rulings and successfully defending lower court victories on...more

McGlinchey Stafford

The Bullet Point: Ohio Commercial Law Bulletin - Does My Website URL Constitute A “Deceptive Trade Practice”? Volume 4, Issue 22

McGlinchey Stafford on

Deceptive Trade Practices Act- Wooster Floral & Gifts, L.L.C. v. Green Thumb Floral & Garden Ctr., Inc., Slip Opinion No. 2020-Ohio-5614- In this appeal, the Supreme Court of Ohio affirmed the lower court’s decision,...more

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

Court Enjoins California’s Ban on Mandatory Arbitration of Statutory Employment Claims: 10 Questions and Answers for Employers

On October 10, 2019, Governor Gavin Newsom signed California Assembly Bill (AB) 51, which prohibits employers from requiring employees to arbitrate claims arising under the California Fair Employment and Housing Act (FEHA)...more

Fox Rothschild LLP

Texas Appellate Court Upholds Contractor’s Arbitration Clause

Fox Rothschild LLP on

Businesses often utilize arbitration clauses in their contracts to avoid the alleged “uncertainty” of a trial, with the goal of achieving a faster and more cost-efficient resolution. A recent holding by the Texas 13th Court...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 1, 2020

Carlton Fields on

Real Property Update - Foreclosure / Note: Trial court could not challenge authenticity of note as copy where borrower had not pleaded defenses and lender was not afforded advanced notice of dispositive issue to be tried -...more

Foley & Lardner LLP

Appeals Court Says No FLSA Notice for Employees Who Agree to Arbitrate

Foley & Lardner LLP on

On January 24, 2020, the U.S. Court of Appeals for the Seventh Circuit announced a new standard by which a district court should evaluate whether notice of an FLSA collective action should be sent to employees who may be...more

Cozen O'Connor

Employment Law Now IV-55 – Six Significant Developments to be On Your Radar

Cozen O'Connor on

Today’s episode looks at 6 key developments that every company should be thinking about: Coronavirus preparedness, the elimination of “at will”, post-shift security check compensation, a win for salary history bans,...more

Carlton Fields

Former Employees Not Bound by Their Former Union’s Arbitration Agreement

Carlton Fields on

The former employees of a waste management company sued their former employer for violations of various federal and state labor laws. The company sought to compel arbitration and dismiss the complaint, relying on an...more

Fisher Phillips

Judge Explains Her Decision to Block California’s Ban on Mandatory Arbitration

Fisher Phillips on

California employers breathed a bit easier once a federal judge pressed the indefinite pause button on the newly enacted law aimed at preventing employers from utilizing mandatory arbitration agreements. Now, a few weeks...more

Farella Braun + Martel LLP

[Event] Crushing Employment Laws: How California’s New Legislation Affects Your Wine Business - February 19th, Santa Rosa, CA

California employers are in for a busy new year of evaluating their workplace rules and practices due to a sizable list of new laws passed by the California legislature for 2020. These new laws may affect daily business...more

Dorsey & Whitney LLP

Jay-Z Has 99 Problems, and...Lack of Diversity Is One

Dorsey & Whitney LLP on

Jay-Z and Iconix Brand recently settled a two-year old lawsuit centered on a $204 million licensing agreement. The settlement not only ends the federal lawsuit, but also ends an arbitration related to the suit which Jay-Z had...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

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Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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