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The leading educational and networking event — from the premier firm for employment + labor law — comes closer to you regionally and topically. The benefits of Jackson Lewis’ annual Workplace Horizons conference in New York...more
Employers have long been scrutinized for perceived unequal bargaining power when it comes to enforcement of company-drafted arbitration agreements. Indeed, both the California legislature and the courts have aimed to protect...more
California employers often require their new hires and current employees to sign arbitration agreements ("agreements") as a condition of employment or continued employment. To be enforceable, these agreements require that the...more
Managing litigation risk should be a priority for all employers. Mandatory employment arbitration programs create a framework of dispute resolution that helps give employers a measure of control and predictability over their...more
The leading educational and networking conference — from the premier firm for employment + labor law - Join us at Workplace Horizons 2025, where attorneys, in-house counsel and HR leaders come together to share and solve...more
Getting sued by a former employee can be a stressful experience for any employer, especially for a company that has just started to grow its workforce and is not experienced with these kinds of claims. Unfortunately, the cost...more
The California Court of Appeal recently reminded employers in an unpublished (but nonetheless chastening) opinion of the importance of carefully drafting arbitration agreements. In Pich v. LaserAway, LLC et al, the court...more
Key Takeaways - - Meyers Nave recommends that employers consider utilizing Arbitration Agreements to reduce liability related to wage and hour claims. - Employers should update handbooks and arbitration agreements annually...more
In a recent unpublished California appellate court decision, the Court unanimously reversed the lower court’s ruling that an agreement to arbitrate contained in an employee handbook was unenforceable....more
The allure of doing business in California is undeniable. It is the world’s fifth (and moving towards fourth) largest economy and a market of over 39 million people. For employers, however, California presents unique...more
On November 6, 2024, in Isernia v. Danville Regional Medical Center, the United States District Court for the Western District of Virginia issued an Opinion denying multiple defendants’ motion to compel arbitration. The...more
This week, we’re diving into arbitration agreements and learning some best practices for employers when crafting these agreements: Employers often include arbitration agreements in their onboarding and other employee...more
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
In Lynch v. Tesla Inc., the Fifth Circuit Court of Appeals affirmed a district court order adopting a magistrate judge’s recommendation that the plaintiffs’ lawsuit should be dismissed in favor of arbitration. The plaintiffs...more
On April 19, 2023, the California Court of Appeal held that an employer’s arbitration agreement was unenforceable because of unconscionable terms found in other documents provided to employees during the onboarding process....more
On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her...more
The Ninth Circuit Court of Appeals recently struck down a California law that prohibited employers from mandating the arbitration of workplace disputes. This puts arbitration back in play in California for most employment...more
On February 15, 2023, the Ninth Circuit Court of Appeals blocked a 2020 California law that attempted to prohibit employers from requiring employees and job applicants to agree to arbitration as a condition of employment. The...more
An event presented by Labor and Employment and Human Resource Professionals - Mark your calendars! You won’t want to miss Procopio’s annual Labor & Employment Seminar in La Jolla on November 3rd. As a dedicated...more
Executive Summary: In a recent case, the Texas Supreme Court upheld the validity of an arbitration clause in a case that had been in litigation for over nine years without the claim ever being heard. See In re Whataburger...more
Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more
Last month, the United States Court of Appeals for the Second Circuit found that an employee’s sworn statement that she never electronically signed (or even saw) an arbitration agreement during the onboarding process were,...more
In Mankin Media Systems, Inv. v. Timothy Crowder, No. 19CV-48300W (Jun. 30, 2022), the Court of Appeals of Tennessee reversed the confirmation of an arbitration award because the so-called arbitration clause appeared in the...more
As we approach the unofficial start to Summer 2022, today's new episode addresses the 10 issues that should be on the radar of all employers....more
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act), which amends the Federal Arbitration Act (the FAA) and prohibits employers from requiring...more