News & Analysis as of September 24, 2024

Mandatory Arbitration Clauses

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Arbitrability of Sexual Harassment and Sexual Discrimination Cases: Litigating in an Alternative Universe

Miles Mediation & Arbitration on 6/3/2024

It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more

U.S. Supreme Court Hears Argument on Arbitration Exemption for Food Delivery Drivers

Holland & Knight LLP on 2/21/2024

The U.S. Supreme Court heard oral argument on Feb. 20, 2024, on whether food distributors are exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA), governing "contracts of employment of seamen,...more

Ongoing Battles Remind Employers to Carefully Consider Their Approach to Arbitration Agreements

Foley & Lardner LLP on 1/9/2024

Hop into the time machine with me so I can take a quick victory lap before I revert to being the ever-cautious counselor. Way back in October 2019, I not-so-subtly indicated my belief that a California statute banning...more

Use It or Lose It: Supreme Court Says Arbitration Clauses Can Be Waived Inadvertently

Amundsen Davis LLC on 7/12/2022

As litigation costs continue to explode, more and more businesses have been including arbitration clauses in contracts with employees and customers. These clauses, which frequently include class action waivers, allow...more

In an 8 to 1 US Supreme Court Decision, Employers With California Operations May Now Compel PAGA Claims to Arbitration

ArentFox Schiff on 7/1/2022

In a recently issued 8 to 1 Decision in Viking River Cruises, Inc. v. Moriana, the United States Supreme Court held that individual claims based on the “only in California” Private Attorneys General Act (PAGA) may be...more

Supreme Court Weighs in on Arbitration of Employment Disputes

Smith Debnam Narron Drake Saintsing & Myers,... on 7/1/2022

In March 2022, we reported on landmark legislation that paved a clearer path for individuals to pursue workplace sexual harassment and sexual assault claims in court. The Ending Forced Arbitration of Sexual Assault and Sexual...more

SCOTUS Smacks Down “Bespoke” Arbitration-Preferring Rules, Does Away with Prejudice Requirement in Waiver Analysis

Bradley Arant Boult Cummings LLP on 5/27/2022

If you have an arbitration agreement, do you have to compel arbitration when the lawsuit is filed or can you wait awhile? This week, the Supreme Court concluded that a party litigating in federal court cannot later compel...more

Supreme Court Rules That Prejudice Is Not a Required Element To Establish Waiver of an Agreement To Arbitrate

ArentFox Schiff on 5/26/2022

In a unanimous decision authored by Justice Elena Kagan, the US Supreme Court ruled that in determining whether a party has waived its right to enforce an arbitration agreement, the party asserting waiver does not have to...more

Waiving Goodbye: Supreme Court Says Prejudice No Longer Required to Establish Employer Waived Right to Arbitrate Employee’s Claims

Obermayer Rebmann Maxwell & Hippel LLP on 5/26/2022

Employers sometimes favor resolving disputes with their employees in arbitration as opposed to in front of a jury. Such a private tribunal may streamline discovery procedures, offer a quicker resolution, and, theoretically,...more

Supreme Court Considers the Reach of Workplace Arbitration Agreements

Miles & Stockbridge P.C. on 4/14/2022

The Supreme Court has recently taken the challenge of assessing the scope and breadth of workplace arbitration provisions under the Federal Arbitration Act (“FAA”) in Viking River Cruises, Inc. v. Moriana, and Southwest...more

Supreme Court Hears Oral Argument on Arbitrability of California's Private Attorneys’ General Act Under Federal Arbitration Act

Ervin Cohen & Jessup LLP on 4/4/2022

Since the California Supreme Court’s ruling in Iskanian v. CLS Transportation Los Angeles, LLC in 2014, it has been widely understood that Private Attorneys’ General Act (“PAGA”) actions cannot be subject to employment...more

Beltway Buzz - March 2022 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/28/2022

The U.S. Senate Committee on the Judiciary held hearings this week on Judge Ketanji Brown Jackson’s nomination to be an associate justice of the Supreme Court of the United States. Republican senators focused on Judge...more

Beltway Buzz - March 2022

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/7/2022

President Joe Biden delivered his first State of the Union Address this week. Though it was easy to miss in the speech, workplace policy observers may have noticed that the president briefly pushed for passage of the Paycheck...more

U.S. Supreme Court to Address Prejudice Requirement for Waiver of Arbitration Agreements

K&L Gates LLP on 3/1/2022

Agreements to submit disputes to arbitration are commonplace, with parties attempting to avoid the time, cost, and publicity involved in litigating disputes in court. To facilitate these aims, the Federal Arbitration Act (the...more

The Trend to Adopt Mandatory Employment Arbitration Programs

Snell & Wilmer on 9/20/2019

In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs...more

U.S. Supreme Court Says Federal Arbitration Act Does Not Apply to Independent Contractor Drivers

Parker Poe Adams & Bernstein LLP on 1/23/2019

In a series of decisions over recent years, the U.S. Supreme Court has repeatedly upheld the use of mandatory arbitration agreements in employment disputes over the objections of employees who claimed various legal reasons...more

U.S. Supreme Court Puts the Brakes on Mandatory Arbitration, Holds Transportation Workers Exempt from the Federal Arbitration Act

Hinshaw & Culbertson LLP on 1/21/2019

The United States Supreme Court recently handed workers a rare victory in New Prime Inc. v. Oliveira. The Supreme Court ruled that transportation workers engaged in interstate commerce—including those labeled as independent...more

Client Alert: Supreme Court Allows Employers to Prevent Class Action Lawsuits through Properly Drafted Arbitration Agreements

Shumaker, Loop & Kendrick, LLP on 8/8/2018

On May 21, 2018, the United States Supreme Court decided that employers may prevent their employees from filing certain class action lawsuits through a properly drafted arbitration agreement. Epic Systems Corp. v. Lewis,...more

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Supreme Court of the United States › Arbitration › Mandatory Arbitration Clauses

Arbitrability of Sexual Harassment and Sexual Discrimination Cases: Litigating in an Alternative Universe

U.S. Supreme Court Hears Argument on Arbitration Exemption for Food Delivery Drivers

Ongoing Battles Remind Employers to Carefully Consider Their Approach to Arbitration Agreements

Use It or Lose It: Supreme Court Says Arbitration Clauses Can Be Waived Inadvertently

In an 8 to 1 US Supreme Court Decision, Employers With California Operations May Now Compel PAGA Claims to Arbitration

Supreme Court Weighs in on Arbitration of Employment Disputes

SCOTUS Smacks Down “Bespoke” Arbitration-Preferring Rules, Does Away with Prejudice Requirement in Waiver Analysis

Supreme Court Rules That Prejudice Is Not a Required Element To Establish Waiver of an Agreement To Arbitrate

Waiving Goodbye: Supreme Court Says Prejudice No Longer Required to Establish Employer Waived Right to Arbitrate Employee’s Claims

Supreme Court Considers the Reach of Workplace Arbitration Agreements

Supreme Court Hears Oral Argument on Arbitrability of California's Private Attorneys’ General Act Under Federal Arbitration Act

Beltway Buzz - March 2022 #4

Beltway Buzz - March 2022

U.S. Supreme Court to Address Prejudice Requirement for Waiver of Arbitration Agreements

The Trend to Adopt Mandatory Employment Arbitration Programs

U.S. Supreme Court Says Federal Arbitration Act Does Not Apply to Independent Contractor Drivers

U.S. Supreme Court Puts the Brakes on Mandatory Arbitration, Holds Transportation Workers Exempt from the Federal Arbitration Act

Client Alert: Supreme Court Allows Employers to Prevent Class Action Lawsuits through Properly Drafted Arbitration Agreements

Eleventh Circuit Remands Arbitration Case to NLRB in Light of Supreme Court Decision

Supreme Court Confirms Use of Class Action Waivers in Employment Arbitration Agreements

Great News for Employers: U.S. Supreme Court Upholds Arbitration Class Action Waivers

Epic News for Employers: Class Action Waivers in Arbitration Agreements are Enforceable

Epic Win: Supreme Court Saves Employment Arbitration As We Know It

A Class Waiver Can Be A Condition Of Employment

Supreme Court Issues Pro-Employer Ruling on Class Action Waiver Issue

Supreme Court of the United States › Arbitration › Mandatory Arbitration Clauses

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