Searching Content indexed under Arbitration & Dispute Resolution by Littler Mendelson ordered by Published Date Descending.
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Striking Down Decades-Old Precedent, Ninth Circuit Rules That ERISA Breach of Fiduciary Duty Claims May Be Arbitrated
On August 20, 2019, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Dorman v. Charles Schwab Corp.,1 overturning its 1984 position
United States
28 Aug 2019
Illinois' New #MeToo-Inspired Law Creates Sweeping Employer Obligations
In line with recently passed legislation in New York and California, Illinois' legislature rallied to create a bill that would help increase employee protections by combating discrimination and harassment in the workplace.
United States
15 Aug 2019
Is Your Arbitration Agreement In An Employee Handbook? The Eighth Circuit Issues A Reminder: Arbitration Agreements Must Be Contracts
A properly implemented employment arbitration program can provide a variety of benefits to employers and employees alike.
United States
26 Jul 2019
What Employment Issues Did The Supreme Court Address This Term, And What's In Store For 2019-2020?
The Supreme Court's October 2018-2019 term began with the highly politicized confirmation of Justice Brett Kavanaugh.
United States
12 Jul 2019
Second Circuit Sends Home Care Worker's Putative Class Claims To Union Arbitration On An Individual Basis
On July 2, 2019, the U.S. Court of Appeals for the Second Circuit handed a significant victory to New York's home care industry.1 In Abdullayeva v. Attending Home Care Services, the appellate court reversed a lower...
United States
8 Jul 2019
Puerto Rico Supreme Court Holds Arbitration Clauses In Employment Contracts—Including Those Governing Unjust Dismissal Claims—Are Valid And Enforceable
The PRSC recently issued a judgment in José Méndez et al v. Carso Construction, 2019 TSPR 19, validating an arbitration clause that covers a claim under the Puerto Rico Unjust Dismissal statute, Local Act No. 80...
United States
18 Jun 2019
Board Upholds Enforcement Of Pre-Hire Arbitration Agreement
The alternative dispute resolution landscape continues to evolve for employers with unionized workforces.
United States
13 Jun 2019
Kentucky Enacts New Arbitration Law
On March 25, 2019, Kentucky Governor Matt Bevin signed into law a bill that reaffirms an employer's right to use arbitration agreements.
United States
9 Apr 2019
New Jersey Enacts Bill Banning NDAs For Discrimination, Retaliation, And Harassment Claims . . . And Fundamentally Attacking Arbitration Agreements
As expected, on March 18, 2019, Governor Murphy added New Jersey to the growing list of states that have chosen to legislate significant contractual limitations upon an employer's right to enter into certain NDAs.
United States
2 Apr 2019
Fifth Circuit Holds District Courts In FLSA Actions May Not Send Notice To Employees With Valid Arbitration Agreements That Prohibit Participation In A Collective Action
In one of the most significant Fair Labor Standards Act (FLSA) appellate decisions in recent years, on February 21, 2019,
United States
7 Mar 2019
Supreme Court Holds Independent Contractor Truck Drivers Fall Under Federal Arbitration Act's Transportation Worker Exemption
While the Federal Arbitration Act ("FAA") broadly applies to a wide variety of employment and contracting arrangements, it does contain in Section 1 an exception excluding certain transportation
United States
29 Jan 2019
Supreme Court Eliminates The "Wholly Groundless" Exception To Arbitration Agreements, Reinforcing The Force Of Delegation Provisions
On January 8, 2019, in a unanimous opinion written by Associate Justice Brett Kavanaugh, the Supreme Court ruled that where parties have agreed to delegate issues of arbitrability to an arbitrator ...
United States
18 Jan 2019
New Jersey Courts Continue To Raise The Bar For Enforceable Arbitration Agreements
The New Jersey Appellate Division recently issued a decision adding yet another hurdle for employers in the Garden State to overcome in drafting and enforcing arbitration agreements.
United States
29 Nov 2018
Kentucky Supreme Court Rejects Conditioning Employment On Agreement To Arbitrate
On September 27, 2018, the Kentucky Supreme Court in Northern Kentucky Area Development District v. Snyder1 held that the Federal Arbitration Act
United States
11 Oct 2018
California's Newest Laws: It's Shocktober For Employers!
The September 30, 2018 deadline has come and gone for Governor Jerry Brown to evaluate the bills passed by the California legislature this year.
United States
4 Oct 2018
California Countdown 2018: Which Labor And Employment Bills Will The Governor Sign?
September 1, 2018 marked the last day for the California legislature to pass bills and forward them to Governor Jerry Brown (D) for his consideration.
United States
7 Sep 2018
Supreme Court Upholds Lawfulness Of Class And Collective Action Waivers In Arbitration Agreements
The Supreme Court has weighed in: class and collective action waivers in arbitration agreements are lawful and must be enforced under the Federal Arbitration Act (FAA).
United States
23 May 2018
Supreme Court Emphatically Defends Arbitration Agreements From State Interference
On May 15, 2017, the U.S. Supreme Court reiterated the principle that the Federal Arbitration Act (FAA) requires states to treat arbitration agreements just as they treat other types of contracts.
United States
23 May 2017
NLRB's General Counsel Issues Memo On Arbitration Issue Pending At Supreme Court
As a result of the Supreme Court's recent decision to grant certiorari and address the dispute over whether class and collective action waivers are lawful in an arbitration agreement, . . .
United States
15 Feb 2017
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