News & Analysis as of

Arbitration Employment Discrimination Arbitration Agreements

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 -
Venable LLP

EFAA Arbitration: Jurisdictional Divide on Pleading Standards

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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

Proskauer - California Employment Law

Employer Victory in Motion to Compel Arbitration

On May 19, 2025, Proskauer attorneys successfully compelled to arbitration an employment discrimination lawsuit that had been filed in the Los Angeles Superior Court. While the former employee claimed that she never signed...more

Littler

Littler Lightbulb – April Employment Appellate Roundup - May 2025

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Fifth Circuit Affirms Judgment for Employer on Title IX and Title VII Retaliation Claims - In Lewis v. Board of Supervisors of LSU, __ F.4th __ (5th Cir. Apr. 8, 2025), a former employee of a university football department...more

Bradley Arant Boult Cummings LLP

Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim

Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more

Amundsen Davis LLC

Lowering the Legal Standard for Establishing Workplace Harassment Claims

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In the wake the U.S. Supreme Court’s April 2024 decision in Muldrow v. City of St. Louis, some federal courts feel compelled or justified applying the same rationale to lower the standard to prove up workplace harassment...more

Epstein Becker & Green

The Third Circuit Orders Another Review in Cornelius v. CVS Pharmacy, Inc.—Resolution Will Wait for Another Day in New Jersey...

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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

Ervin Cohen & Jessup LLP

To Sever or Not to Sever, That is the Question For Courts Reviewing Employment Arbitration Agreements for Enforceability

Less than a year ago, the California Supreme Court in Ramirez v. Charter Communications, Inc. opined, in the context of employment arbitration agreements, that there is no bright line rule that requires a court to refuse...more

Esquire Deposition Solutions, LLC

How Many Depositions Are Enough?

Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...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

Carlton Fields

Ninth Circuit Affirms District Court Order Granting Motion to Compel Arbitration of Discrimination Claims

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In Jackson v. Applied Materials Corp., the Ninth Circuit Court of Appeals affirmed a district court order granting a motion to compel arbitration of the plaintiff’s discrimination and retaliation claims, finding the...more

Carlton Fields

SDNY Grants Motion to Compel Arbitration of Employee’s Discrimination and Retaliation Claims

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In Marino v. CVS Health, the U.S. District Court for the Southern District of New York found defendant CVS Health’s “arbitration of workplace legal disputes policy” and related arbitration agreement compelled arbitration of...more

Payne & Fears

[Virtual Conference] Fear Nothing 2022: Virtual Employment Law Seminar - October 28th, 9:00 am - 3:00 pm PT

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Join us for our third annual all-day complimentary seminar on the most pressing employment law topics, transmitted to you in your home, office, or virtually anywhere with an internet connection. Attendees can enjoy one or all...more

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

Beltway Buzz - January 2022 #3

Nuclear Fallout. U.S. Senate Majority Leader Chuck Schumer deployed the so-called “nuclear option” this week by seeking to eliminate the legislative filibuster as applied to election reform legislation. (This procedure is...more

Carlton Fields

Ninth Circuit Compels Investment Banker to Arbitrate Statutory Employment Discrimination and Civil Rights Claims Despite...

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Shannon Zoller sued her former employer, GCA Advisors LLC, for violations of the Equal Pay Act, California’s Fair Pay Act, and the Civil Rights Act of 1871, among other alleged violations. GCA moved to compel arbitration...more

Littler

Federal Court Applies FAA Preemption in Refusing to Enforce New Jersey’s Ban on Mandatory Arbitration of Discrimination,...

Littler on

As employers and employees alike continue to monitor and watch the landscape of alternative dispute resolution as a viable option (or not) in New Jersey, an important federal court decision was recently handed down. ...more

Bond Schoeneck & King PLLC

Arbitration Agreement Does Not Bar New York State Division of Human Rights Proceeding

Earlier this month, the federal court for the Western District of New York issued a decision in Charter Communications, Inc. v. Derfert, No. 20-cv-915, 2021 WL 37726 (W.D.N.Y. Jan. 4, 2021) holding that an employment...more

Jackson Lewis P.C.

Financial Industry Regulatory Authority Arbitration Of Employment Disputes

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The Financial Industry Regulatory Authority, Inc. (FINRA) is an independent regulatory body, overseeing securities firms and their brokers and other registered personnel. Arbitration of employment disputes in the arbitration...more

Seyfarth Shaw LLP

New Jersey Arbitration Agreements Need Not Designate a Specific Arbitrator or “Arbitral Forum” to be Enforceable

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Seyfarth Synopsis: In Flanzman v. Jenny Craig, Inc., the New Jersey Supreme Court reversed the Appellate Division and held that an arbitration agreement may bind the parties even if the agreement does not designate a specific...more

Fisher Phillips

A Simplified View Of The Supreme Court’s 2019-2020 Workplace Law Term

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Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more

Mintz - Employment Viewpoints

New York State Judge Allows Sexual Harassment Claim to Proceed in Court, Invalidating Arbitration Agreement

A New York State Trial Court judge recently ruled that an agreement between a company and an employee to arbitrate sexual harassment claims was unenforceable due to 2018 amendments to New York State’s Human Rights Law, which...more

Akin Gump Strauss Hauer & Feld LLP

The New York Supreme Court Enforces New York’s State Law Prohibiting Mandatory Arbitration of Employment Discrimination Claims and...

- On July 13, 2020, the New York Supreme Court in Andowah Newton v. LVMH Moët Hennessy Louis Vuitton Inc., Sup. Ct., N.Y. County, July 13, 2020, J. Nock, Index No. 154178/2019, slip op at p. 16, allowed the plaintiff employee...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

K&L Gates LLP

California Legislature Adopts Several New Employment Laws for 2020

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Governor Gavin Newsom recently signed a number of bills that will affect California employers in 2020. Most significantly, the new laws codified the ABC test for independent contractors, clarified sexual harassment training...more

Vedder Price

2020 California Employment Law Roundup

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As 2019 draws to a close, employers in California have a busy new year ahead of them with expanded legal obligations, including significant new legislation regarding independent contractor status and mandatory arbitration...more

Bradley Arant Boult Cummings LLP

No Hate to Arbitrate? EEOC Changes Stance on Arbitration Agreements

Can you require employees to sign arbitration agreements? After more than 20 years of saying no, the EEOC has reversed its policy and says you can. Background - In 1997 the EEOC issued the Policy Statement on Mandatory...more

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