Appeals, Arbitration, Former Employee

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

Carlton Fields on 4/1/2025

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

Tenth Circuit Refuses to Vacate FINRA Arbitration Dismissal

Carlton Fields on 8/31/2020

The Tenth Circuit Court of Appeals recently rejected a claimant’s effort to vacate the dismissal of his FINRA claim following his repeated failure to comply with various deadlines. ...more

California Court of Appeal Confirms that PAGA Claims Cannot be Compelled to Arbitration

Proskauer - California Employment Law on 7/23/2020

Even after the Supreme Court’s favorable decision in Epic Systems Corp. v. Lewis (“Epic”), California courts will not compel a PAGA claim to arbitration. In Collie v. The Icee Co., a former employee of The Icee Company,...more

Fifth Circuit Affirms Confirmation of Arbitration Ruling in Favor of Ameriprise Financial

Carlton Fields on 11/18/2019

The Fifth Circuit affirmed the confirmation of an arbitration ruling in favor of Ameriprise Financial Services Inc. In 2015, Ameriprise sought a temporary restraining order against Jeremy Walker, a former employee of an...more

Kentucky Supreme Court Rules FAA Does Not Protect Mandatory Employment Arbitration

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/15/2018

In a surprise decision, the Supreme Court of Kentucky ruled on September 27, 2018, that the Federal Arbitration Act (FAA) does not protect employment arbitration agreements that are required as a condition of employment....more

Kentucky Becomes First State To Prohibit Mandatory Arbitration As A Condition of Employment

Fisher Phillips on 10/8/2018

The Kentucky Supreme Court just outlawed mandatory arbitration agreements that require applicants or employees to sign if they want to be hired or remain employed, making the Bluegrass State the first in the nation to do so....more

Chris Lazarini Analyzes Presumption of Fraud in Case Involving Advisor's Effort to Avoid Paying a Promissory Note

Bass, Berry & Sims PLC on 9/4/2018

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which a former investment advisor at UBS sought to prevent the company from collecting on promissory notes the advisor owed to UBS upon his departure. After the...more

The Epic Sequel: Federal Appeals Court Extends Class Waiver Victory To Wage Claims

Fisher Phillips on 8/23/2018

On the heels of the Supreme Court's decision in Epic Systems Corporation v. Lewis, which held that the National Labor Relations Act (NLRA) does not bar class or collective action waivers in arbitration agreements, the 6th...more

Food and Beverage Law Update: June 2018

Holland & Knight LLP on 6/12/2018

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Fourth Circuit Finds Employer Cannot Compel Arbitration of Former Employee’s Discrimination Claims

Carlton Fields on 5/1/2018

The U.S. Court of Appeals for the Fourth Circuit recently ruled that two employment-related arbitration clauses did not “clearly and unmistakably” govern a former employee’s discrimination claims, and that the arbitrability...more

PAGA Claim Defeated Based on Insufficient Notice to the LWDA

Sheppard Mullin Richter & Hampton LLP on 3/1/2018

Last month, the California Court of Appeal determined in Khan v. Dunn-Edwards Corp., 2018 Cal.App. LEXIS 44 (Cal. App. 2d Dist. Jan. 4, 2018)(certified for publication), that a former employee’s claim under the Private...more

Employment Alert: Court Upholds Waiver of Employer’s Right to Arbitration

Haight Brown & Bonesteel LLP on 1/7/2015

In Bower v. Inter-Con Security Systems, Inc., No. A135940, published December 31, 2014 (Bower), the California Court of Appeal, First Appellate District held that a defendant employer waived its right to arbitration based on...more

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