If, like me, you’ve always wondered whether the Federal Arbitration Act (FAA) preempts a 2019 amendment to New Jersey’s Law Against Discrimination (LAD) that prohibits the waiver of procedural and substantive rights under the LAD, try to remain calm. I’m about to blow the lid off this jawn. (The rest…
On Tuesday, I warned you that your company’s arbitration agreements for sexual harassment claims might not survive February intact. Folks, they may not make it to the Super Bowl. On Monday night, the House voted 335-97 to pass the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of…
Back in the Summer, during one of my rare deviations from blogging about COVID-19, I slipped in a post about a bipartisan effort in Congress to end the forced arbitration of sexual assault and sexual harassment claims. Six months later, there are some real signs that this Bill will make…
Freepik, Vital Gorbachev, Smashicons edited by Bruce The Deus, CC BY-SA 4.0, via Wikimedia Commons If your company makes its employees sign arbitration agreements, then this post is for you. The rest of you can get an early start on happy hour find something else to read while sipping your…
Rachel Malehorn / CC BY Congratulations! You’ve made half-way through “Amy Coney Barrett Week” at The Employer Handbook. Well, technically, you won’t reach the midpoint until you get about 178 words into this 356-word-long post, but you get the idea. So, how about we discuss the thrilling, compelling, edge-of-your-seat world…
Image by mohamed Hassan from Pixabay Be careful what you wish for because you might just get it. [cue music] If you require your employees to sign arbitration agreements as a condition of employment, and those arbitration agreements force employees to waive their rights to assert claims together as part…
Image Credit: Photofunia.com (https://photofunia.com/results/5dfae5ac089f7ac0528b45a3) And it only took 22 years. Back in 1997, Puff Daddy — he was Puff Daddy back then — was burning up the charts with his Biggie Smalls tribute, I’ll Be Missing You (feat. Faith Evans and 112). Meanwhile, the U.S. Equal Employment Opportunity Commission released…
Image Credit: Photofunia.com It’s called the FAIR Act, which stands for the Forced Arbitration Injustice Repeal Act. The FAIR Act would amend the Federal Arbitration Act to prohibit a pre-dispute arbitration agreement from being valid or enforceable if it requires arbitration of an employment, consumer, antitrust, or civil rights dispute.…
Image by Andreas Breitling from Pixabay What a difference a few years make. Two years, Richard Griffin, the former General Counsel of the National Labor Relation Board (“NLRB“), stood before the U.S. Supreme Court and argued in Epic Systems v. Lewis that arbitration agreements requiring employees to forego the ability…
Image Credit: Photofunia.com In a statement issued earlier this week, House Judiciary Chairman Jerrold Nadler (D-NY) announced that he would “not rest” until Congress passed “historic legislation to end forced arbitration.” I have a feeling Mr. Nadler is going to be pretty tired. But, let’s see what this is all…