News & Analysis as of

Prejudice Wage and Hour

Constangy, Brooks, Smith & Prophete, LLP

Employer “waived” bye-bye to arbitration after litigating for 7 months

A federal appeals court recently refused to let a mortgage broker send its former employee’s disability discrimination lawsuit to arbitration, stating the company waived its right to arbitration when it actively participated...more

Amundsen Davis LLC

Employers Must Tread Carefully In FMLA Request Discussions To Avoid FMLA Interference Claims

Amundsen Davis LLC on

The federal Family and Medical Leave Act (FMLA) provides employees essentially two paths to bring lawsuits for alleged FMLA violations: retaliation claims and interference claims....more

Smith Anderson

Does the Federal Arbitration Act Favor Arbitration?

Smith Anderson on

A recent decision of the United States Supreme Court addressed a circuit split regarding the propriety of arbitration-specific procedural rules. In support of adopting such rules, nine of the eleven federal circuits...more

Burr & Forman

SCOTUS: Waiver of Arbitration Does Not Require Prejudice

Burr & Forman on

A unanimous Supreme Court held May 23 that a party’s waiver of its arbitration right does not require showing prejudice to an opposing party, because the Federal Arbitration Act (“FAA”) prohibits arbitration-specific rules....more

Fisher Phillips

New Federal Legislation in the UAE Marks a Pivotal Change for the Emirati Employment Sector

Fisher Phillips on

The United Arab Emirates recently announced the first major reform in the country’s labor laws since they were first promulgated, partly in response to the global pandemic and the rapidly changing workplace model. The...more

Fisher Phillips

Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers

Fisher Phillips on

If you’re a California employer, perhaps no single law strikes fear into your heart quite as much as the Labor Code Private Attorneys General Act of 2004 (PAGA). PAGA allows individual “aggrieved employees” to bring...more

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