News & Analysis as of

Arbitration Confidentiality Agreements Employer Liability Issues

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Part 1

Clark Hill PLC on

There may be no single, more efficient step an employer can take to manage litigation risk from its workforce than a properly administered mandatory employee arbitration program. An employee arbitration program is a powerful...more

McDermott Will & Emery

[Webinar] Managing Your Workforce During Market Volatility: Separations, Arbitration, Leaves and Accommodations - June 28th, 1:00...

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Employers are facing new and evolving pressures as they navigate economic uncertainty. This leads to questions and concerns about managing their workforces with minimal disruption and in a way that mitigates risk from...more

Saiber LLC

SDNY Rules that Trump Campaign Non-Disclosure is too Broad to Enforce

Saiber LLC on

In another strike against restrictive covenants in employment contracts, Judge Paul G. Gardephe of the Southern District of New York ruled in Jessica Denson v. Donald J. Trump For President, Inc. that the non-disclosure and...more

Proskauer - Labor Relations Update

Requiring Employees to Maintain the Confidentiality of Arbitration Proceedings Held to be Lawful Under the NLRA…For Now

In a recent decision by the NLRB, the Board upheld the lawfulness, in part, of an arbitration agreement that required employees to maintain the confidentiality of the arbitration proceedings, including the discovery process...more

Payne & Fears

Key California Employment Law Cases: November 2020

Payne & Fears on

Semprini v. Wedbush Securities., Inc., 57 Cal. App. 5th 246 (2020) - Summary: A compensation plan based solely on commissions, with recoverable advances on future commissions, does not qualify as “salary” for purposes of...more

Fisher Phillips

A Case For Confidentiality: Why Recent Arguments Against Arbitration Anonymity May Be Misguided

Fisher Phillips on

The assault on arbitration is old news. Recently, however, courts and commentators alike have seemed to stake out a new area for contest in the ongoing back and forth debate about this valuable litigation alternative:...more

Sheppard Mullin Richter & Hampton LLP

The Time Is Now for Employers in Illinois to Abide by New Laws

The New Year brings new laws for Illinois employers. Some laws go into effect this Summer, while others are effective as of this month. For employers who have not yet revised handbooks, policies and agreements, the time is...more

Laner Muchin, Ltd.

The Clock Is Ticking On Changes Required Now That The Governor Has Signed SB 75, Which Includes The Workplace Transparency Act

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On Friday, August 9, 2019, Governor Pritzker signed SB 75, as part of a massive overhaul of employment laws that were passed by the Legislature earlier this year, and which we summarized previously. While requirements...more

BCLP

What Employers Need to Know about New York State’s New Discrimination and Harassment Laws: Part 2

BCLP on

On June 19, 2019, the New York Legislature voted to reform New York discrimination law. See NYS Assembly Bill No. A8421.  Although Governor Andrew Cuomo is expected to sign the bill, as of August 7, 2019, it still has not...more

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

Washington State Takes on the Arbitration of Harassment and Discrimination Claims

Like many other states, Washington recently adopted legislation seemingly preventing the arbitration of harassment and discrimination claims in direct response to the #MeToo movement. As we previously reported, on March...more

Cozen O'Connor

III-41- Things That Make You Go “Hmmm” in Employment Law

Cozen O'Connor on

This episode looks at recent employment law developments that may make you go “hmmm”: a 4-day workweek, outright bans on mandatory arbitration and office gossip, hairstyle as a protected characteristic, and an update on the...more

Sheppard Mullin Richter & Hampton LLP

#MeToo Changes the Face of Sexual Harassment Litigation for Employers

With the rise of the #MeToo movement, companies have been forced to re-examine how they litigate and settle allegations of sexual harassment in the workplace. Specifically, companies are facing increasing criticism if they...more

Seyfarth Shaw LLP

Provisions Limiting Relief and Requiring Strict Confidentiality Doom Arbitration Agreement

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Seyfarth Synopsis: The Court of Appeal has invalidated an arbitration agreement between a law firm and its “partner” because the agreement restricted the scope of arbitral relief available and made pre-arbitration proceedings...more

Fisher Phillips

And Now The Bad News: Avalanche of California Bills Continues to Advance

Fisher Phillips on

As we discussed in our last blog post, California employers received some rare good news in recent days.  Bills to expand California’s paid sick leave requirement and to require employers to accommodate medical marijuana use...more

Vedder Price

New York State and City Pass Sweeping Anti-Sexual Harassment Laws Amid #MeToo

Vedder Price on

Following on the heels of the Time’s Up and #MeToo movements, the New York State Legislature and the New York City Council have passed significant legislation aimed at providing greater protection against workplace sexual...more

Sheppard Mullin Richter & Hampton LLP

Update: New York State Passes Budget, Creates New Sexual Harassment Obligations For Employers

On April 12, 2018, Governor Andrew Cuomo signed into law a 2019 New York budget implementing the provisions of S-7848A (the “Budget”). Beyond the obligations created by S-7848A, which we summarized in a previous post, the...more

Jackson Lewis P.C.

[Webinar] Preparing for New York State and New York City’s New Sexual Harassment Prevention Mandates: What Employers Should...

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New York State and New York City each have passed sweeping measures intended to combat harassment in the workplace. Mayor Bill de Blasio is expected to sign the New York City Council’s legislation into law soon. Similarly,...more

Fisher Phillips

New York State Employers Face Significant New Sexual Harassment Laws

Fisher Phillips on

Employers operating in New York will soon face a raft of new sexual harassment laws. The state budget bill for the 2019 fiscal year approved by the New York State Legislature on March 31 and signed into law by Governor Andrew...more

Schwabe, Williamson & Wyatt PC

Wage Gap and #MeToo Movement Legislation: Impact on Washington Employers

Last week, Governor Inslee signed several pieces of important legislation that will impact Washington employers. We have seen significant media coverage in recent years about the gender wage gap and how women are still paid...more

Fisher Phillips

Sexual Harassment Dominates California Legislation in 2018

Fisher Phillips on

As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo...more

Cozen O'Connor

II-25 – Top 10 New Year’s Resolutions for Employers in 2018

Cozen O'Connor on

From federal agency changes to anticipated developments in sexual harassment, paid leave, overtime, and marijuana use, this episode of Employment Law Now provides ten issues that employers should resolve to understand in the...more

Epstein Becker & Green

Five Key Issues Confronting Financial Services Industry Employers

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Employers in the financial services industry are faced with a growing number of employment law challenges. Whistleblower complaints are on the rise as regulatory agencies become more aggressive in their efforts to encourage...more

Carlton Fields

Tenth Circuit Reverses Trial Court Denial Of Motion To Compel Arbitration Of Wage Dispute

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The Tenth Circuit Court of Appeals reversed a trial court order denying an employer’s motion to compel arbitration of a wage dispute under the arbitration clause contained in the plaintiffs’ Confidentiality/Non-Compete...more

Epstein Becker & Green

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

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It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

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