As anticipated, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) today. Effective immediately, the Act amends the Federal Arbitration Act and limits the...more
There has been much publicity recently regarding a series of states enacting state statutes intended to restrict or prohibit mandatory arbitration agreements in the employment context. The most recent such endeavor to be...more
This past week, the EEOC withdrew its 1997 policy statement regarding mandatory binding arbitration agreements. In that policy statement, the EEOC took the position that the use of mandatory binding arbitration agreements as...more
Approximately one year ago, the United States Supreme Court issued its landmark decision in Epic Systems v. Lewis, 548 U.S. ___ (2018), holding that class action waivers contained in arbitration agreements, including...more
5/1/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Consent ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
SCOTUS
Many employers have implemented mandatory arbitration policies requiring that all employment related disputes be resolved through final and binding arbitration rather than in traditional court proceedings. Generally speaking,...more