News & Analysis as of

Arbitration Employee Benefits Employment Litigation

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 -
Bressler, Amery & Ross, P.C.

Yes, an Arbitrator Can Exceed Their Powers in the Eleventh Circuit

The reports of the death of Section 10 of the FAA may have been greatly exaggerated. Thursday, a majority of the Eleventh Circuit held in Nalco Co. LLC v. Bonday that an arbitration award was subject to vacatur under Section...more

Proskauer - Employee Benefits & Executive...

District Court Holds Pension Fund Misapplied Prior Partial Withdrawal Liability Credit

A federal district court in Illinois became the first court to rule that an employer’s credit for a prior partial withdrawal should be applied at the end of the statute’s “waterfall” for calculating withdrawal liability. The...more

Jackson Lewis P.C.

Withdrawal Liability: Third Circuit Paves New Path for Pension Funds to Collect from Affiliated Employers

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Holding a settlement agreement was a revised withdrawal liability assessment, the U.S. Court of Appeals for the Third Circuit rejected a group of dairy companies’ petition to dismiss a pension fund’s claim to enforce a $39...more

Carlton Fields

Second Circuit Vacates Decision Denying Arbitration

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The Second Circuit Court of Appeals recently vacated a decision holding that a union could not compel arbitration of a grievance related to an expired collective bargaining agreement....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The whole job offer fiasco

I have been an ERISA attorney since 1998. More than half my career now has been in my practice for 15 years this April. For about a three-year run from 2007-2010, I had three different jobs, and the whole process of working...more

Conn Maciel Carey LLP

CMC Attorney Mark Trapp Secures Favorable Ruling in $23M Pension Dispute

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In 2017, Consumers partially withdrew from the Central States, Southeast and Southwest Areas Pension Fund. The fund said the company owed $11.3 million (or monthly payments of $42,200 for 20 years) for its share of the fund’s...more

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

Second Circuit Renders Important Decision on Vested Retiree Benefits

In a significant ruling on February 5, 2025, the U.S. Court of Appeals for the Second Circuit addressed the enforceability of an arbitration provision in an expired collective bargaining agreement (CBA) in the case of Xerox...more

Carlton Fields

Eleventh Circuit Holds Arbitration Agreement Unenforceable Against Spouse of Former Employee

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In Lubin v. Starbucks Corp., the Eleventh Circuit Court of Appeals considered defendant Starbucks’ appeal of an order denying its motion to compel arbitration of the plaintiffs’ lawsuit alleging that Starbucks sent deficient...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Littler

Canada: Another Arbitrator Considers Interaction Between Canada Labour Code Leave Entitlements and Other Leave Entitlements

Littler on

In Teamsters Local Union 987 of Alberta v Purolator Inc., 2024 CanLII 21937 (CA LA), an arbitrator dealt with a clash between the amount of leave days under a unionized employer’s collective agreements (CA) and the leave...more

Stikeman Elliott LLP

Canada Labour Code: Arbitrator Permits Employer to Offset Entitlement to Statutory Paid Sick Days against Employer-Provided...

Stikeman Elliott LLP on

In the recent United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc., 2023 CanLII 115899 (CA LA) decision (“Cameco Fuel Manufacturing”), the arbitrator allowed a federal employer to deduct an entitlement to Canada...more

Nossaman LLP

[Webinar] Employment & Employee Benefits Law Update: Staying Compliant in 2024 - November 16th, 1:00 pm - 2:30 pm PT

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Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law...more

Holland & Knight LLP

Court Compels Proposed ESOP Class to Individual Arbitration Based on Plan Document

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Historically, courts around the country have approached the enforceability of class action waivers and arbitration provisions in ESOP and Employee Retirement Income Security Act of 1974 (ERISA) plan documents differently,...more

Fisher Phillips

The Top 14 Workplace Law Stories from July 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on

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

Miller Canfield

Arbitration of Fiduciary Breach Claim Cannot Be Compelled by Relying on Individual Employment Agreements

Miller Canfield on

In Hawkins, et al. v. Cintas Corp., No. 21-3156, __ F.4d __ (2022), plaintiffs brought a class action pursuant to Section 502(a)(2) of the Employee Retirement Income Security Act (ERISA), alleging that their former employer...more

Troutman Pepper Locke

What Companies Can Learn From an ERISA Case Alleging Independent Contract Misclassification: February 2022 IC Legal News Update

Troutman Pepper Locke on

This past month, the most notable lawsuit alleging independent contractor misclassification was an ERISA claim. ERISA lawsuits by workers alleging independent contractor misclassification can potentially expose companies to...more

Morgan Lewis - ML Benefits

401(k) Fiduciary Breach Claims Not Subject to Arbitration, Second Circuit Decides

Reversing a lower court’s decision, the US Court of Appeals for the Second Circuit issued an opinion in Cooper v. DST Systems, Inc., et al., finding that an arbitration agreement signed by an employee as part of his...more

Littler

COVID-19 Labor & Employment Litigation Tracker (UPDATED)

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Since March 12, there have been 1,914 lawsuits (including 152 class actions) filed against employers due to alleged labor and employment violations related to the coronavirus....more

Fisher Phillips

Web Exclusive: January 2020: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #1 Class Certification Trends In 2019

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Seyfarth Synopsis: As detailed in our 2020 Workplace Class Action Litigation Report, 2019 was an interesting year for employers in terms of class certification rulings. Plaintiffs achieved the highest numbers of initial...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

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Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2019

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Hinshaw & Culbertson LLP

[Event] 24th Annual Labor & Employment Seminar - November 7th, Northbrook, Illinois

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Join in-house legal counsel, business leaders, human resource executives and other professionals for Hinshaw's 24th Annual Labor & Employment Seminar, an informative, one-day program that examines and analyzes a wide range of...more

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