Kenneth Cesta on Employment Contract

Seventh Circuit Affirms Order Compelling Arbitration, Holds Arbitration Agreement Applies to Title VII Claim

In Retzios v. Epic Systems Corp., the Seventh Circuit Court of Appeals considered an appeal brought by the plaintiff, a former employee of Epic, who was fired after she refused to be vaccinated against COVID-19. The...more

4/1/2025 / Appeals , Arbitration , Arbitration Agreements , Civil Rights Act , Coronavirus/COVID-19 , Employment Contract , Employment Litigation , Former Employee , Hiring & Firing , Religious Accommodation , Termination , Title VII , Vaccinations

Eleventh Circuit Holds Arbitration Agreement Unenforceable Against Spouse of Former Employee

In Lubin v. Starbucks Corp., the Eleventh Circuit Court of Appeals considered defendant Starbucks’ appeal of an order denying its motion to compel arbitration of the plaintiffs’ lawsuit alleging that Starbucks sent deficient...more

2/18/2025 / Arbitration , Arbitration Agreements , Class Action , COBRA , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Employee Rights , Employment Contract , Employment Litigation , Former Employee , Health Insurance , Labor Code , Motion to Compel , Spouses , Starbucks , Unenforceable Contract Terms

Ninth Circuit Compels Arbitration of Plaintiff’s Individual Labor Claims Under PAGA, Remands Non-Individual Claims

In Johnson v. Lowe’s Home Centers LLC, the Ninth Circuit Court of Appeals affirmed a district court order granting defendant Lowe’s motion to compel arbitration of plaintiff Maria Johnson’s individual claims brought under...more

3/27/2024 / Arbitration , Arbitration Agreements , Employment Contract , Labor Disputes , Lowes , Motion to Compel , Private Attorneys General Act (PAGA) , Reinsurance , State Labor Laws

Eleventh Circuit Affirms Order Compelling Arbitration of Discrimination Claims, Rejects Argument That Arbitration Agreement Was...

In Payne v. Savannah College of Art and Design Inc., the Eleventh Circuit Court of Appeals affirmed a district court order denying a motion to compel arbitration of plaintiff Isaac Payne’s discrimination-based claims. The...more

10/18/2023 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Contract , Employment Litigation , Employment Policies , Hiring & Firing , Motion to Compel , Race Discrimination , Unconscionable Contracts

Sixth Circuit Holds Validity of Employee’s Electronic Signature Creates Issue of Fact, Reverses Order Compelling Arbitration

In Bazemore v. Papa John’s U.S.A. Inc., the Sixth Circuit Court of Appeals considered the plaintiff’s appeal of an order granting the defendant’s motion to compel arbitration and to dismiss the plaintiff’s complaint brought...more

8/16/2023 / Arbitration , Arbitration Agreements , Employment Contract , Employment Litigation , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Labor Law Violations , Putative Class Actions , Wage and Hour

Alabama Supreme Court Reverses Orders Denying Motions to Compel Arbitration Under Employment Agreement

In Women’s Care Specialists, P.C. v. Dr. Margot G. Potter and Dr. Karla Kennedy v. Dr. Margot G. Potter, the Alabama Supreme Court reversed opinions of the trial court that had denied motions to compel arbitration and held...more

6/14/2023 / AL Supreme Court , Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Contract , Employment Litigation , Motion to Compel , State Labor Laws

Supreme Court of Idaho Finds That District Court Had Jurisdiction to Determine Enforceablity of Non-Compete Provision in...

In Blaskiewicz v. Spine Institute of Idaho, P.A., after being terminated with less than one year of employment, Donald Blaskiewicz, “a highly-trained neurosurgeon” filed a complaint for declaratory judgment in the state...more

12/14/2022 / Arbitration , Employer Liability Issues , Employment Contract , Non-Compete Agreements , Restrictive Covenants

Eleventh Circuit Enforces Employee Arbitration Agreement, Concluding That Agreement Was Not Unconscionable

In Lambert v. Signature Healthcare LLC, the Eleventh Circuit Court of Appeals reversed the district court’s denial of the defendants-appellants’ motion to dismiss and to compel arbitration under the FAA, holding that the...more

8/24/2022 / Arbitration , Arbitration Agreements , Corporate Counsel , Employment Contract , Employment Litigation , Unconscionable Contracts

Kenneth Cesta

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