A 30-plus-year employee found out the hard way that missing a deadline — by just 24 hours — to arbitrate her claim against her former employer under the Age Discrimination in Employment Act is enough to lose it forever when her brief delay violates the plain terms of an arbitration agreement.
Last year, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law. The name of the new law speaks for itself. Victims of sexual harassment or sexual assault at work that previously signed arbitration agreements can arbitrate their claims but don’t have to.
Yesterday, multiple news outlets, including Roll Call’s Ryan Tarinelli, reported that both the House and Senate will introduce a bill soon to end the forced arbitration of race discrimination claims in the workplace. Continue reading
Grab your pearls for clutching, and let’s get into this recent federal court decision to find out. Continue reading
A client embroiled in an employment dispute with a former employee once asked me if we could force the employee into arbitration. So, I asked the client for a copy of the arbitration agreement that the individual had signed.
After an uncomfortably long pause, I went back to drafting the complaint to be filed in court. Continue reading
In a unanimous decision, the Supreme Court ruled yesterday that federal courts may not adopt an arbitration-specific waiver rule demanding a showing of prejudice.
Huh? Continue reading
On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law. The name of the new law speaks for itself. Victims of sexual harassment or sexual assault at work that previously signed arbitration agreements can arbitrate their claims but don’t have to.
With the ink barely dry on this new #MeToo law, the House introduced a bill late last week called the “Forced Arbitration Injustice Repeal Act of 2022” or the “FAIR Act of 2022.” Continue reading
Some of you require your employees to sign agreements requiring them to arbitrate employment claims — other than claims of sexual harassment or abuse, of course. Continue reading
What a Friday trifecta! The only thing better that could come in threes would be a gallon of Neapolitan ice cream — with chocolate instead of strawberry and vanilla. Continue reading
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 of you can bug out and play Wordle.) Continue reading
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. Continue reading
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