Arbitration

New legislation would guarantee employees the right to collective and class action litigation

May 3, 2019 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/photos/achievement-agreement-business-3385068/)

Last year in Epic Systems Corp. v. Lewis, the Supreme Court narrowly concluded that a court should enforce an agreement between an employer and employee to arbitrate claims individually notwithstanding workers’ rights under the National Labor Relations Act to engage in protected concerted activity.

That decision did not sit well with several members of Congress. Continue reading

The Supreme Court just buried class-action arbitration of employment claims*

April 25, 2019 | by Eric B. Meyer

Image Credit: Photofunia.com (http://photofunia.com/results/5cc10d55846d7897318b4581)

In 2010, the Supreme Court held in Stolt-Nielsen SA v. AnimalFeeds International that a court may not compel class-action arbitration when an arbitration agreement is silent on the availability of such arbitration.

Last year, in Epic Systems Corp. v. Lewis, the Supreme Court issued another employer-friendly decision on arbitration when it concluded that the National Labor Relations Act does not usurp an agreement between a company and its worker to arbitrate employment-related claims on an individual, non-class basis.

Yesterday, the Supreme Court finished walking dry the mudhole that it had stomped on employee class-actions in arbitration, ~~right before delivering stunners to everyone.~~ Continue reading

From wonky to wonkier, why your arbitration agreement may not be worth the paper on which it is printed?

November 15, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/printer-fire-flames-broken-38027/)

Yesterday, I successfully alienated every reader that doesn’t work in the restaurant industry or otherwise nerd out on Fair Labor Standards Act minutiae.

Today, I double down with idiosyncratic arbitration agreements, specifically those possibly used by New Jersey employers. I promise to get back to something more universal tomorrow. Perhaps, Nova Scotian paid sick leave legislation. Continue reading

Google ends forced arbitration of sexual harassment claims. Should you? Then what?

November 12, 2018 | by Eric B. Meyer

Google Inc. [Public domain], via Wikimedia Commons

The last month for Google has been big for tech and employment law nerds alike. And I just happen to check both boxes.

An employer tried to enforce an arbitration agreement. The one it never signed.

June 14, 2018 | by Eric B. Meyer

Image Credit: PXhere.com (https://pxhere.com/en/photo/854901)

Well, there’s always a chance the court might, you know, enforce it.

You think? Continue reading

Eric, can I get a simple breakdown of yesterday’s Supreme Court decision on class-action waivers?

May 22, 2018 | by Eric B. Meyer

By Photograph by Franz Jantzen, Collection of the Supreme Court of the United States [Public domain], via Wikimedia Commons

Sure, I can do that for you. Continue reading

Could your business withstand a tsunami of individual wage and hour claims?

November 2, 2017 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/wave-water-sea-tsunami-giant-wave-11061/)

And here you thought you were so smart by getting all of your employees to agree to class-action waivers and binding arbitration of all employment-related claims.

Maybe not so much. Continue reading

Bah Gawd! DOJ turns face and will support class-action waivers in Supreme Court battle

June 19, 2017 | by Eric B. Meyer

Consider this my attempt at “Serenity now” after chaperoning eight kids eight and younger at a Philadelphia Phillies game on Saturday. With a rain delay. And the tiny dancer featured above. Fortunately, we left the ballpark with all of the kids. I think.

Hopefully, my oldest son, Brooks, enjoyed his birthday.