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Preemption › Sexual Harassment › Employment Litigation

Sheppard Mullin Richter & Hampton LLP

Choice-of-Law Provisions Cannot Circumvent Ending Forced Arbitration Act, Court of Appeal Rules

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On February 3, 2025, the California First District Court of Appeal held that a party to an arbitration agreement cannot rely on a choice-of-law provision to wire around the federal Ending Forced Arbitration of Sexual Assault...more

Genova Burns LLC

Timing is Everything: NJ Appellate Division Compels Arbitration of Employee’s Sex Harassment Claims

Genova Burns LLC on

On October 26, 2022, the New Jersey Appellate Division in Rourke v. Herr Foods, Inc. once again confirmed that the Federal Arbitration Act (FAA) preempts the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD)...more

Herbert Smith Freehills Kramer

New York Ban on Arbitration of Discrimination Claims Repeatedly Struck Down as Inconsistent With Federal Law

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In April 2018, New York enacted Section 7515 of the New York Civil Practice Law and Rules (CPLR 7515), which invalidated pre-dispute agreements to arbitrate sexual harassment claims “except where inconsistent with federal...more

Parker Poe Adams & Bernstein LLP

New California Law Prohibits Mandatory Arbitration of State Law Employment Claims

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On January 1, 2020, a new California law could prevent employers in that state from requiring arbitration of employment claims brought under state law. The new law was prompted by stories revealed as a result of the #MeToo...more

Seyfarth Shaw LLP

Court Holds That NY’s Prohibition of Arbitration Agreements Is Preempted by Federal Law

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Seyfarth Synopsis: A new decision in the Southern District of New York held that the N.Y. prohibition of mandatory, pre-dispute arbitration of sexual harassment claims is preempted by the Federal Arbitration Act....more

K&L Gates LLP

K&L Gates Triage: A Discussion of Labor and Employment Issues in the Health Care Industry

K&L Gates LLP on

In this episode, Richard Church and Spencer Hamer discuss key takeaways for the health care industry upon certain developments in labor and employment law over the past year. Specifically, this episode provides an overview of...more

Fisher Phillips

Will He or Won’t He? Employment Arbitration Ban Proposal Heads to Governor Brown

Fisher Phillips on

The #MeToo movement and the national focus on sexual harassment have sparked significant legislative activity at the state level designed to address these issues. Here in California, lawmakers introduced over two dozen bills...more

Seyfarth Shaw LLP

VII Before IX: Continuing Saga in Harassment Claim Preemption

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Seyfarth Synopsis: A recent decision by the U.S. District Court for the Eastern District of Texas, part of the Fifth Circuit Court of Appeals, reaffirmed a growing circuit split regarding whether Title VII of the Civil Rights...more

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