Employer Liability Issues, Mandatory Arbitration Clauses, Unenforceable Contract Terms

NFL’s Arbitration Agreement Fumbles, Allowing Coach to Pursue Discrimination Claims in Court: Employment Law Lessons for Employers

Husch Blackwell LLP on 8/20/2025

The National Football League (NFL) is in the spotlight this season, not because of any certain game on the field, but for a legal battle off it. Last week, the Second U.S. Circuit Court of Appeals agreed that a NFL coach...more

California Federal Court Declares Arbitration Clause Unenforceable

Lathrop GPM on 10/6/2023

In Munoz, v. Earthgrains Distribution, LLC, 2023 WL 5986129 (S.D. Cal. Sept. 13, 2023), the plaintiffs, members of a class of independent distributors of baked goods for Earthgrains and other bakeries, alleged that they were...more

More Than Meets the Eye: TN Court Finds Arbitration Agreement in Employee Handbook Non-Binding

Buchalter on 7/1/2022

In Mankin Media Systems, Inv. v. Timothy Crowder, No. 19CV-48300W (Jun. 30, 2022), the Court of Appeals of Tennessee reversed the confirmation of an arbitration award because the so-called arbitration clause appeared in the...more

Mandatory Arbitration Provision Struck Down by the Washington Supreme Court

Seyfarth Shaw LLP on 9/9/2020

Seyfarth Synopsis: The Washington Supreme Court refused to enforce a mandatory arbitration agreement that was contained within an Employee Handbook. ...more

Growing State Anti-Discrimination and Anti-Harassment Protections Create Patchwork of Regulations for Employers

Skadden, Arps, Slate, Meagher & Flom LLP on 1/23/2020

The #MeToo Movement, now in its third year, continued its evolution from grassroots activism to legislative change in 2019, with new laws addressing discrimination and harassment emerging from state governments and resulting...more

EEOC Rescinds Policy Statement Disfavoring Arbitration Agreements

Littler on 1/3/2020

As part of its efforts to rescind outdated guidance on a rolling basis, the EEOC recently dispensed with a 22-year-old policy statement that disfavored mandatory arbitration agreements between employers and employees....more

Alabama District Court Enforces Arbitration Clause Related to Disability Policy Over Unconscionability Claim

Carlton Fields on 6/27/2019

The U.S. District Court for the Northern District of Alabama has compelled arbitration despite a former employee’s claim that the arbitration clause in the policy at issue was unconscionable under the circumstances related to...more

Pros And Cons Of Mandatory Arbitration Policies For Employment Disputes

Troutman Pepper Locke on 3/6/2019

Q. Our company has a policy providing for mandatory arbitration of employment claims. I heard recently that some companies are moving away from these types of policies. What are the pros and cons of requiring all employees...more

Acknowledgment Does Not Equal Agreement Says New Jersey Appellate Division

Hogan Lovells on 1/31/2019

Following up on a recent post about the intricacies of mandatory arbitration agreements in the workplace, the New Jersey Appellate Division recently held that an arbitration clause that employees did not explicitly agree to...more

Best If Used By: Keep an Eye Out for Arbitration Agreement Expiration Dates

Genova Burns LLC on 12/19/2018

A recent opinion in the case of Susan L. O’Keefe v. Edmund Optics, Inc., addressed the question of whether an arbitration provision in a written employment agreement could survive the expiration of the agreement’s one-year...more

New Jersey Appellate Division Invalidates Jenny Craig Employee Arbitration Provision

Genova Burns LLC on 10/19/2018

This week, in Marilyn Flanzman v. Jenny Craig Inc. et al., No. A-2580-17, a panel of the Appellate Division found that an arbitration provision between weight loss company Jenny Craig and a former employee was unenforceable...more

Kentucky Supreme Court Rules FAA Does Not Protect Mandatory Employment Arbitration

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/15/2018

In a surprise decision, the Supreme Court of Kentucky ruled on September 27, 2018, that the Federal Arbitration Act (FAA) does not protect employment arbitration agreements that are required as a condition of employment....more

Employer Liability Issues › Mandatory Arbitration Clauses › Unenforceable Contract Terms

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