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Searching Content indexed under Employment and HR by Gilbert Samberg ordered by Published Date Descending.
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The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate
Federal law nowadays certainly favors enforcement of agreements to arbitrate. But generally applicable state contract law determines contract formation – i.e
United States
1 Aug 2019
2
Seventh Circuit Agrees That Class Arbitrability Is A Gateway Question Presumptively For The Court, Then Apparently Ignores The Delegation Issue
The Seventh Circuit Court of Appeals has joined five other Circuits in determining, unremarkably, that class or collective arbitrability is a gateway question that is presumptively for the court to decide.
United States
4 Nov 2018
3
Fair Labor Standards Act Collective Action Provision Too Does Not Make Agreement To Mandatory Bilateral Arbitration Unenforceable
When the Supreme Court ruled recently that the "concerted activities" provision of the NLRA did not make a contractual waiver of "class arbitration" unenforceable, it provided an extensive analysis ...
United States
30 Aug 2018
4
SCOTUS Throws A Haymaker At "Class Arbitration": A Waiver Of Class Arbitration In An Employment-Related Agreement Is Indeed Enforceable
The majority of a divided (5-4) SCOTUS recently held that a waiver of "class arbitration" in agreed terms of employment is indeed enforceable.
United States
27 Jun 2018
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