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Employment Contract › Binding Arbitration

Ervin Cohen & Jessup LLP

Equitable Estoppel Can Be Invoked By a Non-Signatory Joint Employer to Compel Arbitration

Ervin Cohen & Jessup LLP on

Tell me if you have heard this one before: ten companies are sued by a former employee as “joint employers”, even though the employee technically worked for, and signed a binding arbitration agreement with, only one of them....more

Sheppard Mullin Richter & Hampton LLP

PAGA Plaintiffs Cannot Avoid Arbitration by Bringing a “Headless PAGA Lawsuit”

Sheppard Mullin Richter & Hampton LLP on

California’s Private Attorneys General Act (PAGA) allows “aggrieved employees” to sue their employers for Labor Code violations to collect civil penalties “on behalf of himself or herself and other current or former...more

Nelson Mullins Riley & Scarborough LLP

EMPLOYER ALERT – Senate Clears Way for Major Shift in Banning Arbitration Agreements and Class Waivers for Workplace Sexual...

Nelson Mullins Riley & Scarborough LLP on

On February 10, 2022, the U.S. Senate passed the Ending Force Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”, available here: H.R. 4445).  President Biden is expected to sign the bill into law shortly.  ...more

Morgan Lewis

NJ Supreme Court Clears Hurdles for Employee Arbitration Agreements

Morgan Lewis on

In Skuse v. Pfizer Inc., the New Jersey Supreme Court allows continued employment as a means for consent to an agreement to arbitrate and confirms online communication and delivery to employees regarding arbitration...more

FordHarrison

New Jersey Finally Gets a Roadmap to Creating a Valid Arbitration Clause

FordHarrison on

Tuesday, New Jersey’s Supreme Court approved as legally binding an arbitration agreement provided to employees electronically, concluding the arbitration agreement was effectively, clearly, and unambiguously communicated to...more

Akerman LLP - HR Defense

California’s Arbitration Agreement Ban on Hold

Akerman LLP - HR Defense on

A controversial California law that would have prevented employers from requiring arbitration agreements as a condition of employment has been enjoined from taking effect by a federal district judge. Assembly Bill 51 (AB 51)...more

Herbert Smith Freehills Kramer

EEOC Retracts Long-standing Policy Against Binding Arbitration in Bias Cases

Herbert Smith Freehills Kramer on

On Dec. 16, 2019, the Equal Employment Opportunity Commission (EEOC) rescinded its 1997 policy statement on “Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment (the 1997 Policy...more

Hogan Lovells

D.C. District Court: Arbitration Agreements Require a Distinct Intention to be Bound

Hogan Lovells on

Employers seeking to require binding arbitration for employee claims need to take notice of a recent decision.  ...more

Akerman LLP - HR Defense

Opt-Out Clauses May Help Some Employers Opt In To Individual Arbitration

Akerman LLP - HR Defense on

Ironically, giving employees the right to decline to resolve their employment claims in binding arbitration may actually help employers enforce arbitration agreements in some parts of the country....more

Fisher Phillips

The NLRB's Attack On Dealership Arbitration Agreements

Fisher Phillips on

Many of our dealership clients utilize binding arbitration agreements to resolve employee disputes. Arbitration agreements provide a number of unique benefits to those dealerships that wish to avoid the costs and negative...more

Dorsey & Whitney LLP

Question #273: Crafting a Concrete Non-Compete

Dorsey & Whitney LLP on

Question: Our company uses non-compete and non-solicit agreements that bar former employees from having contact with any client of our company after they leave. One former employee who recently left is now claiming the...more

Carlton Fields

Federal Law Must Govern Arbitrability Of Employment Dispute, Notwithstanding Choice Of State Law In Employment Agreement

Carlton Fields on

The Ninth Circuit held that an arbitration agreement between Opus Bank and its former executive vice president Carey Brennan should be interpreted under federal, not state, law unless the parties unambiguously agreed...more

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

Missouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement

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

In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled...more

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