Employment Litigation, Split of Authority, Arbitration Agreements

Another Day, Another Dispute Between Appellate Courts Over Employment Arbitrations

Ervin Cohen & Jessup LLP on 4/1/2025

The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments....more

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

Ervin Cohen & Jessup LLP on 2/12/2025

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

Supreme Court to Review Scope of Arbitration Exclusion for Transportation Workers

Parker Poe Adams & Bernstein LLP on 10/6/2023

The Federal Arbitration Act (FAA) requires state and federal courts to defer to private arbitration agreements entered into between parties, including employers and employees. Employers often use arbitration agreements to...more

Use It or Lose It: Supreme Court Rules Against Special Rules Favoring Arbitration When Deciding Waiver of That Right

Stark & Stark on 6/20/2022

On May 23, 2022, the U.S. Supreme Court, in a unanimous decision, decided Morgan v. Sundance, Inc., No. 21-328, in favor of an employee who sued her employer, a Taco Bell franchisee, for wage theft. The Court concluded that...more

Ninth Circuit Upholds Portions of California Law Prohibiting Use of Mandatory Arbitration Agreements

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/17/2021

In a split 2-1 decision that likely raises more questions than it answers, the Ninth Circuit Court of Appeals cast some doubt upon the ability of employers to implement mandatory arbitration agreements with their employees....more

Federal Court Rules That Instacart Workers Cannot Escape Arbitration Despite FAA Argument

Fisher Phillips on 12/31/2020

A federal district court in Illinois just ruled that a proposed class of gig economy delivery drivers and paid shoppers must individually arbitrate their claims that they were misclassified as independent contractors,...more