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Third Circuit Opinion Involving Uber Only Adds More Questions To The Dispute Over The Scope Of The FAA Section 1 Residual Clause
Recent decisions have cast doubt on the enforcement of arbitration clauses in the context of the interstate transportation of goods
United States
20 Sep 2019
The Fifth Circuit Agrees With Its Sister Circuits That Class Arbitrability Is A Gateway Issue For Courts, Not Arbitrators
In a predictable decision, the Fifth Circuit has held that the availability of class arbitration is a gateway issue for the courts to decide, absent "clear and unmistakable" language in the arbitration agreement to the contrary.
United States
20 Aug 2019
NY Law Doesn't Prevent Arbitration Of Sexual Harassment Claims
Recent New York legislation in reaction to the #MeToo movement has sought to limit or foreclose arbitration of employment-related disputes
United States
16 Aug 2019
Can Delivery Drivers Be Compelled To Arbitrate After New Prime? New Jersey Appellate Courts Seem To Take Conflicting Positions
After New Prime v. Oliveira, 139 S. Ct. 532 (2019), many wondered if state arbitration law could be applied when transportation workers were found to be exempt from the Federal Arbitration Act (FAA) based on ง 1.
United States
18 Jun 2019
Recent Decisions Don't Provide Useful Guidance On Tests For The FAA Exemption Of Transportation Workers
Sometimes being right is not a virtue, especially when it comes to the Federal Arbitration Act ง 1 exemption. We predicted uncertainty after the New Prime v. Oliveira decision and got it.
United States
15 May 2019
SCOTUS Reverses Ninth Circuit On Proper Bases For Class Arbitrations
The U.S. Supreme Court, in a 5-4 decision, ruled that arbitration agreements must provide a "contractual basis for concluding that the part[ies] agreed to [class arbitration]."
United States
10 May 2019
Kentucky Rejoins The Majority – New Law Permits Mandatory Arbitration Agreements
A Sept. 27, 2018, Kentucky Supreme Court ruling found that mandatory arbitration agreements conditioned on employment were not enforceable.
United States
10 Apr 2019
Arbitration For Transportation Workers? The Anticipated Push To Expand The FAA Exemption
As we indicated in a January 17, 2019 blog article, the New Prime v. Oliveira, 139 S. Ct. 532 (2019), opinion was likely to lead to uncertainty in the transportation industry.
United States
21 Mar 2019
New Prime Decision Adds Uncertainty to Arbitration In The Transportation Industry
The U.S. Supreme Court's decision in New Prime v. Oliveira, No. 17-340 (Jan. 15, 2019), has added uncertainty to arbitration agreements in the transportation industry by holding that the Federal Arbitration Act (FAA) ง 1 exception covers both employees and independent contractors of a trucking company.
United States
23 Jan 2019
What's Ahead At The Supreme Court?
There are at least four cases now before the U.S. Supreme Court that may be of significant interest to employers
United States
28 Dec 2018
Another Bill Aimed At Employee Arbitration Agreements – This Time To Nullify Epic Systems
On Oct. 30, 2018, Rep. Jerrold Nadler, D-N.Y., and Rep. Bobby Scott, D-Va., together with 58 Democratic cosponsors, introduced the Restoring Justice for Workers Act, H.R. 7109.
United States
12 Nov 2018
[Gasp!] Epic Systems Decision Applies To FLSA Claims
No shocking outcome here. In Gaffers v. Kelly Services, Inc., Case No. 16-2210 (6th Cir. Aug. 15, 2016), the Sixth Circuit held that the Supreme Court's decision in Epic Systems v. Lewis, 138 S. Ct. 1632 (2018) [which we blogged here] applies to claims under the Fair Labor Standards Act (FLSA).
United States
24 Aug 2018
Supreme Court Upholds Legality Of Class Action Waivers In Arbitration Agreements In The Employment Context
The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering at least since 2012. Now, with the Supreme Court's decision in Epic Systems Corp. v. Lewis ...
United States
23 May 2018
The Legality Of Class Action Waivers In Arbitration Agreements – SCOTUS Finally Speaks
The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering since at least 2012. Now, with the Supreme Court's decision in Epic Systems...
United States
23 May 2018
Ninth Circuit Finds Evidence At Class Certification Not Required To Be Admissible − The Last Word On The Issue?
In a 28-page opinion, a panel of the Ninth Circuit overturned a district court's denial of class certification, in part, because the lower court required supporting evidence to be admissible.
United States
11 May 2018
New Bill Would Outlaw Mandatory Arbitration Agreements For Sex Discrimination Disputes – Is A Poorly Constructed Bill The Right Cure For The Disease?
Prior bills have attempted, unsuccessfully, to eliminate individual arbitration as a means to resolve employment disputes.
United States
12 Dec 2017
The Ninth Circuit Rules That Both An Arbitrator And A Trial Court May Have A Role In A Case With Individual And PAGA Claims
Employers, plaintiffs, and courts continue to grapple with the difficult issue of the interplay between the California Private Attorneys General Act ("PAGA") and arbitration agreements.
United States
1 Dec 2017
Convergys Corporation And Logisticare Solutions, Incorporated v. NLRB – The Fifth Circuit Considers Class And Collective Action Waivers Without Arbitration Agreements
The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or collective action waivers required by companies...
United States
22 Aug 2017
Digging In Its Heels: Disputing The DOJ's Position, The NLRB Remains Defiant In Supreme Court Brief That Individual Arbitration Agreements Violate Employee Rights Under The NLRA
On August 9 the National Labor Relations Board (NLRB or Board) filed its responsive brief in one of three cases before the Supreme Court that may determine the future validity of individual arbitration...
United States
18 Aug 2017
Second Circuit Vacates District Court Judgment In Sex Discrimination Case Permitting An Arbitrator To Certify A Class Including Absent Class Members
In a sex discrimination case we have been following for almost six years, the Second Circuit has added a measure of rationality by vacating a lower court opinion that would have permitted an arbitrator's...
United States
11 Aug 2017
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