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The Employer Handbook BlogDid an employee just discover an “FMLA loophole” to arbitration agreements?!?
Grab your pearls for clutching, and let’s get into this recent federal court decision to find out. Continue reading
Articles Posted in Arbitration
PRO-TIP: If you want to arbitrate employment claims, have an arbitration agreement.
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
Supreme Court makes it harder for employers who litigate arbitrable claims to change their minds
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
First, they banned forced #MeToo arbitration. Is arbitration of ALL employment claims doomed too?
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
Don’t ruin your arbitration agreements by doing this…
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
Biden signs #MeToo arbitration bill, Philly drops masks, and EEOC updates its COVID-19 guidance
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
This one goes out to all you New Jersey arbitration nerds.
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
You can start playing Taps for your company’s agreements to arbitrate sexual harassment claims
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
Your company’s arbitration agreements for sexual harassment claims may not survive February intact.
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 it to President Biden’s desk for signature. So, if you have employees that have signed arbitration agreements, keep reading.
See you in court, err, arbitration! SCOTUS to decide whether litigating an employment dispute first precludes arbitrating it later
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 morning cup of coffee. Continue reading