The Ohio Eighth District Court of Appeals reversed enforcement of an employment arbitration agreement on January 23, 2020, holding that the agreement was both substantively and procedurally unconscionable because it required...more
The Equal Employment Opportunity Commission (EEOC) has rescinded its position that mandatory arbitration agreements that cover employment discrimination claims undermine the enforcement of U.S. anti-discrimination laws. This...more
California employers may face harsh consequences for failing to pay arbitration fees on time under a bill (Senate Bill 707) signed by Governor Gavin Newsom on October 13, 2019. The new law go into effect on January 1, 2020....more
California has joined a number of states in passing legislation purporting to prohibit mandatory arbitration agreements for sexual harassment and other claims. Such laws have gained popularity in the wake of the #MeToo...more
The U.S. House of Representatives has passed the “Forced Arbitration Injustice Repeal Act” (FAIR Act), which aims to nullify mandatory, predispute arbitration agreements and class-action waivers for employment, consumer...more
The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims.
...more
7/10/2019
/ Age Discrimination ,
Arbitration ,
Auer Deference ,
Civil Rights Act ,
Class Arbitration ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Fort Bend County Texas v Davis ,
Kisor v Wilkie ,
Lamps Plus Inc v Varela ,
Mount Lemmon Fire District v Guido ,
Parker Drilling Management Services Ltd v Newton ,
SCOTUS ,
Title VII ,
Wage and Hour
In an effort to help businesses, on May 1, 2019, the Massachusetts Department of Family and Medical Leave (DFML) extended both the deadline to notify employees about the Massachusetts Paid Family and Medical Leave Act (PFMLA)...more
Class action arbitration is such a departure from ordinary, bilateral arbitration of individual disputes that courts may compel class action arbitration only where the parties expressly declare their intention to be bound by...more
4/25/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
The Massachusetts Department of Family and Medical Leave has released a new guide for employers on the Massachusetts Paid Family and Medical Leave Act (PFMLA), G.L. c. 175M. The guide clarifies some questions generated by...more
Illinois has joined the growing number of states proposing mandatory sexual harassment training with a bill that requires training for restaurant employees. If the Restaurant Anti-Harassment Act is enacted, restaurants must...more
In New Prime, Inc. v. Oliveira, the U.S. Supreme Court held that the Federal Arbitration Act’s (FAA) Section 1 exemption applies to transportation workers, regardless of whether they are classified as independent contractors...more
1/17/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
Vacating a $10 million arbitration award resulting from a “collective action” arbitration, the U.S. Court of Appeals for the Seventh Circuit ruled that whether class or collective arbitration is authorized by an arbitration...more
On September 27, 2018, the Kentucky Supreme Court issued its opinion in Northern Kentucky Area Development District v. Danielle Snyder, No. 2017-SC-000277-DG and held that Kentucky employers may not require employees to sign...more
In a last-minute action on the September 30 legislative deadline, California’s Governor vetoed a bill that, among other things, would have imposed restrictions on the use of arbitration agreements for certain employment...more
A new Delaware law specifically addresses the prohibition against sexual harassment under the Delaware Discrimination in Employment Act (DDEA), sets an affirmative defense for employers, imposes mandatory notice distribution...more
The State of New York has issued draft guidance for employers on the mandatory sexual harassment prevention policies and annual employee training required by legislation passed earlier this year. Starting October 9, 2018, the...more
The U.S. Supreme Court term that ended June 2018 included decisions on many topics important to workplace law, including class action waivers in employment arbitration agreements, public-sector “agency shop” arrangements, and...more
6/29/2018
/ Anti-Discrimination Policies ,
Class Action ,
Class Action Arbitration Waivers ,
CNH Industrial N.V. v Reese ,
Collective Bargaining Agreements (CBA) ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Epic Systems Corp v Lewis ,
Fair Labor Standards Act (FLSA) ,
Janus v AFSCME ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Murphy v National Collegiate Athletic Association ,
Navarro v Encino Motorcars ,
NLRA ,
Over-Time ,
PASPA ,
Reversal ,
Same-Sex Marriage ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Sports Betting ,
Travel Ban ,
Trump v Hawaii ,
Union Dues
Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), the U.S. Supreme Court has held in a much-anticipated decision in three critical cases. Epic Systems Corp. v....more
5/22/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
SCOTUS ,
Section 7
New York State and New York City each have passed sweeping measures intended to combat harassment in the workplace. Mayor Bill de Blasio is expected to sign the New York City Council’s legislation into law soon. Similarly,...more
4/17/2018
/ Anti-Harassment Policies ,
Arbitration ,
Compliance ,
Confidentiality Agreements ,
Continuing Legal Education ,
Employee Training ,
Employer Liability Issues ,
Governor Cuomo ,
Harassment ,
Mandatory Arbitration Clauses ,
Mayor de Blasio ,
New Legislation ,
Non-Disclosure Agreement ,
Pending Legislation ,
Sexual Harassment ,
State Labor Laws ,
Webinars ,
Workplace Harassment Guidance
The Massachusetts Commission Against Discrimination (MCAD) on February 28, 2018, issued questions and answers (Q&A) to provide additional interpretive information about the Massachusetts Pregnant Workers Fairness Act (PWFA)....more
On March 1, 2018, the Massachusetts Office of the Attorney General issued its much-anticipated guidance on the state’s new pay equity law, set to take effect on July 1, 2018. The Massachusetts pay equity legislation amended...more
The United States Supreme Court heard a one-hour consolidated oral argument in three arbitration cases involving the intersection of the National Labor Relations Act and the Federal Arbitration Act on October 2, 2017. Epic...more
10/3/2017
/ Arbitration Agreements ,
Case Consolidation ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Murphy Oil USA ,
NLRA ,
NLRB ,
Oral Argument ,
SCOTUS
The U.S. Supreme Court will begin its 2017-2018 Term with no shortage of cases significant to employers and businesses. Cases to watch involve questions about employment arbitration agreements, Dodd-Frank Act’s protections of...more
An amendment to the Massachusetts Fair Employment Practices Act, G.L. c. 151B, expressly includes pregnancy as a protected characteristic and expands accommodation requirements for pregnant employees. The amended law goes...more
Yesterday, the United States Supreme Court notified the parties in National Labor Relations Board v. Murphy Oil USA, Case No. 16-307; Epic Systems Corp. v. Lewis, Case No. 16-285; and Ernst & Young LLP v. Morris, Case No....more