News & Analysis as of

Pre-Employment Agreements Mandatory Arbitration Clauses

Husch Blackwell LLP

Bipartisan Bill Ends Mandatory Arbitration of Workplace Sexual Harassment and Assault Claims

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On February 10, 2022, the U.S. Senate passed by voice vote H.R. 4445, entitled Ending Forced Arbitration of Sexual Assault (HR 4445), a bipartisan bill that invalidates pre-dispute arbitration agreements and pre-dispute...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

Littler

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

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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

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

Littler

Kentucky Supreme Court Rejects Conditioning Employment on Agreement to Arbitrate

Littler on

On September 27, 2018, the Kentucky Supreme Court in Northern Kentucky Area Development District v. Snyder held that the Federal Arbitration Act (FAA) does not preempt a Kentucky statute, KRS § 336.070(2), barring employers...more

Fisher Phillips

Inartful Wording Dooms Employer’s Arbitration Agreement

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A New York judge recently rejected an employer’s attempt to force an employment claim into arbitration due to a poor choice of wording in the written agreement. The August 7 decision might draw attention because of the...more

Carlton Fields

Eleventh Circuit Reverses NLRB Order, Enforcing Individualized Arbitration Clause In Employee Agreement

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A pizza delivery driver employed by Domino’s Pizza franchisee Cowabunga Inc. filed a collective action under the Fair Labor Standards Act with the National Labor Relations Board. ...more

Holland & Knight LLP

Sexual Harassment Prevention, Accusation Compliance Changes Required for N.Y. Employers

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• New York employers must prepare to provide required sexual harassment training to employees. • Employers in New York must review and revise written employment policies to comply with heightened requirements. • New...more

Carlton Fields

Arbitration Provision Enforceable Despite Questions About Legitimacy Of Remainder Of Agreement

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A New York state trial court has denied a motion to stay arbitration in an action brought by plaintiffs, a private equity firm and its affiliate, against defendants, two of plaintiffs’ former officers, despite plaintiffs’...more

McNees Wallace & Nurick LLC

The Other Shoe Drops (sort of): The Third Circuit Issues a Ruling on Class Arbitrability

In 2010, two employees filed a claim against their former employer, Robert Half International, Inc., alleging that it violated the Fair Labor Standards Act (“FLSA”). In addition to individual claims, the plaintiffs brought a...more

Carlton Fields

Ninth Circuit Denies Rehearing En Banc, Requires Ex-Uber Drivers to Arbitrate Claims Individually

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The Ninth Circuit denied rehearing en banc of its September order holding that the district court erred in deciding whether two drivers who sued Uber Technologies, Inc. (“Uber”) on behalf of themselves and a putative class...more

Carlton Fields

Court Confirms Award, Holds Arbitrator Did Not Err In Determining Vesting Status Of Former Executive’s Shares

Carlton Fields on

The case arose from an arbitration initiated under an employment agreement, after the chief operating officer of ACP Investment Group resigned. Addressing a provision in the agreement that required the COO’s forfeiture of...more

Seyfarth Shaw LLP

The NLRB Continues To Go After Non-Union Employers in Industries it Has Historically Not Targeted

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Seyfarth Summary: The relevance of the National Labor Relations Act to industries and business sectors that have not traditionally had to deal with its implications – such as hedge funds. The New York Times recently...more

Carlton Fields

Fifth Circuit Affirms Order Compelling Arbitration Against Non-Signatories Based On “Intertwined Claims” Estoppel

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A physician sued several healthcare entities for wrongful termination of employment, negligence, breach of contract, and tortious interference with at-will employment. While two of the defendants were signatories to...more

Littler

California Court of Appeal Rules Arbitration Agreement In Employee Handbook Is Not Enforceable

Littler on

On August 22, 2016, a California Court of Appeal held that an arbitration agreement in an employee handbook did not create an enforceable agreement to arbitrate. Esparza v. Sand & Sea, Inc. et al., B268420 (Aug. 22, 2016). ...more

Carlton Fields

Court Grants Motion To Stay Action Pending Arbitration, And Found That Issue Of Whether Arbitration Clause Allows For Class...

Carlton Fields on

In this case, Jeffrey Hedrick brought an action in Kansas federal court on behalf of himself and others similarly situated under the Fair Labor Standards Act (“FLSA”) against BNC National Bank, Hedrick’s employer. The bank...more

Fenwick & West LLP

California Legislature Acts to Outlaw Pre-Employment Mandatory Agreements to Arbitrate Labor Code Claims

Fenwick & West LLP on

In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will make pre-employment mandatory agreements to arbitrate Labor Code violations against California public policy...more

Fenwick & West LLP

Fenwick Employment Brief

Fenwick & West LLP on

California Legislature Acts to Outlaw Pre-Employment Mandatory Agreements to Arbitrate Labor Code Claims - In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will...more

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