News & Analysis as of

Mandatory Arbitration Clauses Supreme Court of the United States Sexual Harassment

Proskauer Rose LLP

6 Reasons Why Arbitration Offers Equitable Resolutions

Proskauer Rose LLP on

On the 100th anniversary of the Federal Arbitration Act, it is worth recalling that the law was enacted in 1925 in response to what the U.S. Supreme Court later called, in its 2011 opinion in AT&T Mobility v. Concepcion,...more

Seward & Kissel LLP

Employment Litigation Roundup: October 2024

Seward & Kissel LLP on

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) amended the Federal Arbitration Act to prohibit mandatory arbitration of sexual harassment and sexual assault claims. In Doe v. Second...more

Miles Mediation & Arbitration

Arbitrability of Sexual Harassment and Sexual Discrimination Cases: Litigating in an Alternative Universe

It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more

Foley & Lardner LLP

Ongoing Battles Remind Employers to Carefully Consider Their Approach to Arbitration Agreements

Foley & Lardner LLP on

Hop into the time machine with me so I can take a quick victory lap before I revert to being the ever-cautious counselor. Way back in October 2019, I not-so-subtly indicated my belief that a California statute banning...more

Smith Debnam Narron Drake Saintsing & Myers,...

Supreme Court Weighs in on Arbitration of Employment Disputes

In March 2022, we reported on landmark legislation that paved a clearer path for individuals to pursue workplace sexual harassment and sexual assault claims in court. The Ending Forced Arbitration of Sexual Assault and Sexual...more

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

Beltway Buzz - March 2022

President Joe Biden delivered his first State of the Union Address this week. Though it was easy to miss in the speech, workplace policy observers may have noticed that the president briefly pushed for passage of the Paycheck...more

Epstein Becker & Green

Overtime Exemptions, Predictive Scheduling, Sex Harassment, and More: Major Developments on Some Key Issues Affecting Retail...

Epstein Becker & Green on

Spring may have been slow to arrive in some parts of the country this year, but the courts, state legislatures, and government agencies have been moving full speed ahead. In April, the U.S. Supreme Court issued a potentially...more

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