Arbitration Agreements

Federal Court Tackles Issue of Arbitrability in NFL Race Discrimination Suit, with Split Results
March 16, 2023
On March 1, 2023, the U.S. District Court of the Southern District of New York ruled that former NFL coach Brian Flores may litigate his claims against the NFL in federal court, while the rest of the claims must go to arbitration. This decision raises difficult questions about the contours and limits of arbitration agreements.
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California Employers Can Require and Enforce Arbitration Agreements
February 23, 2023
California employers got help last week from a federal appeals court ruling that the Federal Arbitration Act preempts California Assembly Bill 51.
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Forced Arbitration Ban in #MeToo Cases: What Does It Mean for Employers?
March 15, 2022
Inspired by the #MeToo Movement, Congress recently passed a bill aimed at preventing employers from requiring arbitration of sexual assault and sexual harassment claims. A few weeks later, President Biden signed the bill into law.
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New Law Lets Sexual Harassment Claimants Get Out of Arbitration Agreements
February 10, 2022
A new federal law allows employees to avoid arbitration agreements with respect to sexual harassment or sexual assault claims.
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Employers Beware! Private Arbitration Agreements Won’t Stop DOL Lawsuits
September 30, 2021
The U.S. Department of Labor recently highlighted a federal court ruling that private arbitration agreements will not prevent the federal Secretary of Labor from bringing suit against an employer for violation of the Fair Labor Standards Act.
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Ninth Circuit Revives California Law Prohibiting Employers From Mandating That Employees Sign Arbitration Agreements
September 22, 2021
On September 15, 2021, the Ninth Circuit revived parts of a controversial California law that prohibited mandatory employment arbitration agreements.
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NLRB Expands Scope of Mandatory Arbitration Agreements
August 16, 2019
The National Labor Relations Board has now addressed the use of mandatory arbitration agreements following the U.S. Supreme Court’s 2018 decision in Epic Systems v. Lewis.
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Arbitration Agreement May Not Restrict Access to NLRB Processes
June 19, 2019
In a rare unanimous decision, on a closely-watched issue, from all four sitting members of an ideologically-divided National Labor Relations Board, the Board ruled that an employer’s arbitration agreement unlawfully restricted employee access to the Board and its processes.
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Requiring Employees to Arbitrate Claims Can Keep Employers Out of Court
February 12, 2019
Arbitration agreements require individuals to litigate their disputes before an arbitrator instead of in court in front of a jury.  Some believe that a sympathetic plaintiff can sway a jury.
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One! Two! Three! Four! What Do You Say We’re Fighting For? Arbitration!
January 31, 2019
Below are some requirements that must be satisfied to ensure that your employment disputes will be decided by an arbitrator.
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Supreme Court Finds in Favor of Employment Arbitration Clauses
May 21, 2018
On Monday, the Supreme Court issued an opinion regarding the validity of arbitration clauses in individual employment contracts.
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New York State Appeals Court Finds Employee Class Action Waivers Unenforceable
August 8, 2017
Employers will recall that the NLRB has repeatedly held that mandatory arbitration agreements barring employees from participation in class, collective, and representative actions unlawfully interfere with employees’ right to engage in protected, concerted activity regarding their terms and conditions of employment under the NLRA.
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