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Case law related to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) continues to develop. In late 2024, the Third Circuit seemed poised to bring further clarity as to which...more
The California Court of Appeal dealt another blow to arbitration, just months after we reported the last such decision here. This time, the Court ruled that the federal Ending Forced Arbitration of Sexual Assault and...more
On March 3, 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) which precludes employers from requiring employees to arbitrate disputes related to sexual assault or...more
Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more
2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments...more
The Equal Employment Opportunity Commission yesterday withdrew its 1997 policy statement that had disapproved of the practice of requiring workers to enter into arbitration agreements to resolve workplace discrimination...more
With the California legislative year now closed, we know which proposals became reality and offer insight into their likely impact on California employers in the coming year. The following update provides a brief overview of...more
Perhaps the most shocking aspect of employment-related cases from the 2018-2019 Supreme Court term that just wrapped up was the number of unanimous decisions – seven of the eight rulings – were agreed upon by all of the...more
The Supreme Court term that wrapped up in June was one of the most exciting sessions for workplace law in recent memory, with several blockbuster decisions impacting a wide range of labor and employment law issues. From...more
The Supreme Court of the United States will begin its upcoming session on Monday, October 1, 2018. Currently, eight justices preside over the high court following Justice Anthony Kennedy’s retirement after the end of the last...more
Each state's attorney general has signed a letter demanding that Congress amend the Federal Arbitration Act (FAA) to prohibit mandatory arbitration provisions in claims involving workplace sexual harassment. ...more
On Wednesday, Sens. Kirsten Gillebrand (D-NY) and Lindsey Graham (R-SC) introduced the Ending Forced Arbitration of Sexual Harassment Act. The legislation has bipartisan support, although it's not clear yet how much. ...more
This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including the House of Representatives' American Health Care Act and the Senate's Better Care Reconciliation Act, the...more
On October 24, 2016, a federal judge enjoined the U.S. government from enforcing certain provisions of the controversial Fair Pay and Safe Workplaces rule. The decision was handed down from Judge Marcia Crone in the U.S....more
Federal contractors recently scored a significant victory when a preliminary injunction blocked much of the Fair Pay and Safe Workplaces rule from taking effect. The rule, based on a 2014 executive order, was issued in August...more
The injunction prevents the government from enforcing the final rule’s provisions on labor law violation disclosures and the restriction on arbitration agreements. Late in the evening of October 24, mere hours before the...more
On October 24, 2016, just one day prior to effective date of the Regulations and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (collectively the “Rule”), Judge Marcia Crone of the U.S. District Court...more
Late in the day on Monday October 24, 2016, a U.S. District Court Judge for the Eastern District of Texas granted a preliminary injunction against implementation of major and contentious provisions of the Fair Pay and Safe...more
Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more
Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management,...more
The court’s opinion instructs that employee agreements to arbitrate may be obtained through written acknowledgments referencing company manuals. Arbitration remains a preferred forum for many employers, yet courts are...more
Looking back at the recently-completed 2012-2013 Supreme Court term, employers should have reason to feel good about how things turned out. In fact, of the six major decisions that impact employers and can be categorized in...more
As the United States Supreme Court’s 2012-2013 term drew to a close at the end of June, commentators observed a continuing gradual but perceptible shift to the right by the Court. The Roberts Court is generally viewed as...more
Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013). The provision at issue required employees to pursue...more
On March 21, 2013, the Second Circuit issued its opinion in Parisi v. Goldman Sachs & Co., Case No. 11-5229, reversing a decision from the Southern District of New York, and holding that arbitration agreements which preclude...more