News & Analysis as of

Arbitration Agreements › Mandatory Arbitration Clauses › Employment Contract

Venable LLP

EFAA Arbitration: Jurisdictional Divide on Pleading Standards

Venable LLP on

A law enacted in 2022 that allows people alleging sexual assault or sexual harassment to opt out of pre-dispute arbitration agreements has altered the litigation landscape for enforcing those agreements. ...more

Ervin Cohen & Jessup LLP

Single Sexual Harassment Claim Eliminates Arbitration of All Employment-Related Claims in the Same Case

Ervin Cohen & Jessup LLP on

In 2022, Congress enacted the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (the “Act”) which provides that, at the election of the person alleging conduct constituting a sexual harassment dispute or...more

Cranfill Sumner LLP

For Non-Signatories to Contract, Initial Question of Arbitrability Left Up to Court

Cranfill Sumner LLP on

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

Seyfarth Shaw LLP

No Arbitration Even If Only One Claim Is Covered By EFAA

Seyfarth Shaw LLP on

Seyfarth Synopsis: The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) renders arbitration agreements unenforceable with regard to claims of sexual assault and sexual harassment....more

Seyfarth Shaw LLP

Effecting The EFAA: California Appellate Courts Make It Harder To Enforce Arbitration Agreements In Cases Alleging Sexual Assault...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In line with recent anti-arbitration trends, the California Court of Appeal recently decided two cases – Doe v. Second Street Corp. and Liu v. Miniso Depot CA, Inc. – that apply the federal Ending Forced...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Nixes Arbitration Agreement at Bottom of Online Application Form

Parker Poe Adams & Bernstein LLP on

A significant number of employers are opting to elect mandatory arbitration of potential disputes with employees as an alternative to state or federal courts. In some circumstances, arbitration can be quicker than litigation,...more

Jackson Lewis P.C.

Eighth Circuit Decides When a ‘Dispute’ Arises Under the Ending Forced Arbitration Act

Jackson Lewis P.C. on

When a “dispute” arises under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) depends on when the specific facts of the case show a “conflict or controversy” exists between the parties, the...more

Fox Rothschild LLP

Mandatory Arbitration Agreements Are Ok

Fox Rothschild LLP on

After four long years of litigation, AB 51, intended to prohibit mandatory arbitration agreements, has been permanently enjoined. California companies may rejoice in a rare win allowing enforceable arbitration agreements to...more

Foley & Lardner LLP

Ongoing Battles Remind Employers to Carefully Consider Their Approach to Arbitration Agreements

Foley & Lardner LLP on

Hop into the time machine with me so I can take a quick victory lap before I revert to being the ever-cautious counselor. Way back in October 2019, I not-so-subtly indicated my belief that a California statute banning...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

In Big Win for Employers, U.S. Supreme Court Rules Court Proceedings Must Be Stayed During Appeal Over Arbitration

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 23, 2023, the Supreme Court of the United States held district court proceedings must be put on hold during an appeal on the question of whether claims are subject to arbitration. The ruling is a big win for...more

Venable LLP

Ninth Circuit Puts Mandatory Employment Arbitration Agreements Back on the Menu

Venable LLP on

Once again, the California legislature's attempt to kneecap arbitration agreements in the employment arena has been swept aside by a federal court. As of February 15, 2023, California employers may continue to require...more

Ballard Spahr LLP

Southern District of New York Finds Employment Arbitration Agreement Unenforceable

Ballard Spahr LLP on

On February 24, 2023 the United States District Court for the Southern District of New York held that a former employee’s arbitration agreement with his former employer was unenforceable under the Ending Forced Arbitration of...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Rules California Employers Can Require Arbitration Agreements

Faegre Drinker Biddle & Reath LLP on

Some good news for California employers. Recently, the U.S. Court of Appeals for the Ninth Circuit ruled that California employers can require employees and applicants to sign arbitration agreements as a condition of...more

McDermott Will & Emery

Ninth Circuit Holds That California AB 51 Is Preempted by the FAA

McDermott Will & Emery on

As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a...more

Perkins Coie

Time To Update Arbitration Agreements—Mandatory Arbitration Is Again Permissible in California

Perkins Coie on

California employers with employees and job applicants subject to the Federal Arbitration Act (FAA) can once again require such individuals to sign arbitration agreements as a condition of employment. On February 15,...more

ArentFox Schiff

Ninth Circuit’s Reversal Allows Mandatory Employment Arbitration Agreements in California

ArentFox Schiff on

In another reversal of course, the US Ninth Circuit Court of Appeals cleared the way again for California employers to require arbitration agreements. The latest 2-1 decision in Chamber of Commerce v. Bonta, issued on...more

Davis Wright Tremaine LLP

9th Circuit Strikes California Mandatory Arbitration Ban

Davis Wright Tremaine LLP on

On February 15, 2023, a split 9th Circuit panel held that California's ban on mandatory arbitration agreements is preempted by federal law. This closely watched decision allows employers to require employees to enter into...more

Weintraub Tobin

Good News for Employers: The Federal Arbitration Act Preempts the Prohibition of Mandatory Arbitration Contracts

Weintraub Tobin on

On February 15, 2023, the Ninth Circuit Court of Appeals decided Chamber of Commerce v. Bonta and found that the Federal Arbitration Act (FAA) preempts California’s Assembly Bill 51 (AB 51). Background: The FAA embodies a...more

McGuireWoods LLP

Ninth Circuit Holds Federal Arbitration Act Preempts California Law Prohibiting “Forced Arbitration”

McGuireWoods LLP on

On Feb. 15, 2023, the Ninth U.S. Circuit Court of Appeals affirmed a district court’s ruling that the Federal Arbitration Act (FAA) preempts California Assembly Bill 51 (AB 51), which made it a criminal offense for an...more

Stokes Wagner

California Employers May Require Arbitration Agreements as a Condition of Employment

Stokes Wagner on

Avid readers of Stokes Wagner’s legal updates may be familiar with California’s Assembly Bill 51, a law that, until very recently, prohibited California employers from requiring employees or job applicants to sign arbitration...more

Quarles & Brady LLP

Ninth Circuit Strikes Down California's Law Outlawing Mandatory Arbitration Agreements

Quarles & Brady LLP on

On February 15, 2023, the United States Court of Appeals for the Ninth Circuit issued its decision in Chamber of Commerce of the United States of America, et al. v. Bonta, et al. In this decision, the Ninth Circuit found...more

Carlton Fields

Ninth Circuit Rejects California Ban on Mandatory Arbitration as a Condition of Employment

Carlton Fields on

California’s attempt to limit mandatory arbitration agreements as a condition of employment has been held to violate Federal law, according to the Ninth Circuit Court of Appeals....more

Ervin Cohen & Jessup LLP

Arbitration Agreements Can Be A Condition of Employment Once Again

Ervin Cohen & Jessup LLP on

The saga of challenges to mandatory employment arbitration agreements is almost over. After three years of challenges, the United States Chamber of Commerce successfully appealed the enactment and enforcement of California’s...more

CDF Labor Law LLP

Ninth Circuit Delivers Employers a Valentine – Blocks California’s Bar to Mandatory Employment Arbitration Agreements

CDF Labor Law LLP on

The Ninth Circuit gave California employers a belated Valentine’s Day present by upholding the District Court’s injunction against enforcement of California Assembly Bill 51 (“AB 51”) because it inhibited arbitration contrary...more

Kilpatrick

Ninth Circuit Holds that AB 51 is Preempted

Kilpatrick on

On February 15, 2023, the U.S. Court of Appeals for the Ninth Circuit ruled in Chamber of Commerce v. Bonta that California’s Assembly Bill 51 (“AB 51”) is preempted by the Federal Arbitration Act. After two failed attempts...more

202 Results
 / 
View per page
Page: of 9
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide