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Employment Contract › Mandatory Arbitration Clauses › Employment Discrimination

Venable LLP

EFAA Arbitration: Jurisdictional Divide on Pleading Standards

Venable LLP on

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

Mintz - Employment Viewpoints

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

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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

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On Dec. 16, 2019, the Equal Employment Opportunity Commission (EEOC) rescinded its 1997 policy statement on “Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment (the 1997 Policy...more

Proskauer - Law and the Workplace

EEOC Rescinds Its Long-Standing Policy Statement On Arbitration Agreements

Proskauer - Law and the Workplace on

The EEOC has rescinded its 1997 Policy Statement on Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment (the “Policy Statement”), which set forth the Commission’s position that...more

Sheppard Mullin Richter & Hampton LLP

Update: Governor Cuomo Signs Significant Changes to New York Discrimination and Harassment Legislation Into Law – Employer...

Sheppard Mullin Richter & Hampton LLP on

On August 12, 2019, Governor Andrew Cuomo signed into law S.6577, a bill implementing a series of sweeping changes to the New York State Human Rights Law (“NYSHRL”). As we previously reported, S.6577 provides for a number of...more

Hogan Lovells

Mandatory Arbitration Provision Enforceable in Sexual Harassment Case Despite Recent NY Law

Hogan Lovells on

On June 26, 2019, Judge Denise Cote, of the Southern District of New York, granted a motion to compel arbitration of an employment discrimination, retaliation and sexual harassment claim—despite recently passed NY law, NY...more

Epstein Becker & Green

New Jersey Responds to the #MeToo Era by Broadly Banning “Waiver of Rights” and Nondisclosure Provisions in Employment Agreements

Epstein Becker & Green on

On March 18, 2019, New Jersey Governor Phil Murphy signed S121 (“Law”), a measure that will have immediate and significant impact on the enforceability of “waiver of rights” provisions in employment contracts and...more

Fisher Phillips

New Jersey Bars Common Workplace Contract And Settlement Terms

Fisher Phillips on

Employers in New Jersey will need to immediately adjust their employment contracts and settlement agreements to come into compliance with a sweeping new law that just took effect. New Jersey’s governor just signed Senate Bill...more

Flaster Greenberg PC

What New Jersey’s New Law On Employment Contracts Means for Employers: Are Non-Disclosure and Arbitration Provisions Out?

Flaster Greenberg PC on

On March 18, 2019, New Jersey Governor Phil Murphy signed a new law, which, among other things, bars employers from requiring employees to sign or enforcing employment contracts that require employees to agree to waive...more

Fisher Phillips

Looking Ahead – California Legislature to Address Dynamex and a Host of New Employment Proposals

Fisher Phillips on

February 22 was the last day to introduce new legislative proposals for the 2019 California legislative year. A whopping 2,576 bill were introduced before the deadline, making for an extremely busy legislative year ahead....more

Payne & Fears

AB 3080, Banning Mandatory Workplace Arbitration Agreements, Now Awaits Governor’s Signature

Payne & Fears on

On August 22, 2018, the California Senate voted to approve AB 3080, a bill prompted by the #MeToo movement against sexual harassment. Nominally, the bill is intended to combat the use of mandatory arbitration agreements and...more

Fisher Phillips

Is Your Dealership Taking Advantage Of Employment Arbitration?

Fisher Phillips on

You may have recently heard something about arbitration agreements in the news, and you might be wondering whether your dealership should do anything about it. Some quick background: over the last decade, the use of...more

Proskauer - Law and the Workplace

Massachusetts Legislature Considers Prohibiting Mandatory Arbitration of Employment Claims

Proskauer - Law and the Workplace on

A bill prohibiting mandatory arbitration of employment-related claims, introduced in late 2017 before the Massachusetts House of Representatives, continues to gain traction in early 2018. The bill (House Bill 4058), which...more

Ballard Spahr LLP

Arbitrator, Not Court, Decides If Arbitration Agreement Allows Class Arbitration, California Supreme Court Rules

Ballard Spahr LLP on

A divided California Supreme Court has held that an arbitrator, rather than a court, should determine whether an arbitration clause in an employment agreement allows employees to bring their claims in arbitration on a...more

Patrick Malone & Associates P.C. | DC Injury...

You Should Know - May 2016

Patrick Malone & Associates P.C. | DC Injury... on

In This Issue: - Forced Injustice - Stacking the Deck - Sign the Petition - Excerpt from Businesses Use Loophole to Deny Day in Court: Injustice, Thy Name Is Forced Arbitration: Tia’s employment case...more

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