Tag: Employment Arbitration

Supreme Court Limits California’s PAGA Law on Employment Claims, Preempting It in Part under the Federal Arbitration Act author.

Supreme Court Limits California’s PAGA Law on Employment Claims, Preempting It in Part under the Federal Arbitration Act

This article was first published in CPR Speaks, The Blog of the CPR Institute, here. The U.S. Supreme Court ruled...

By Arjan Bir Singh Sodhi, Russ Bleemer
If We Can’t End Mandatory Arbitration, Let’s Improve It author.

If We Can’t End Mandatory Arbitration, Let’s Improve It

There has been a lot of recent legislative action aimed at reining in forced arbitration clauses in consumer and employee...

By Brittany Munn, Colin Rule
Arbitration of PAGA Claims & Uncertainty in the Future of US Arbitration author.

Arbitration of PAGA Claims & Uncertainty in the Future of US Arbitration

The United States Supreme Court heard oral arguments in Viking River Cruises, Inc. v. Moriana, No. 20-1573, on March 30,...

By Imre Szalai
Resolving Sexual Misconduct Cases in the Workplace: Where Do We Go Now? author.

Resolving Sexual Misconduct Cases in the Workplace: Where Do We Go Now?

Just a few weeks ago, on March 3, 2022, President Joe Biden signed into law a bill that amends the...

By Brittany Munn, Colin Rule
Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy author.

Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy

This article was first published on the Littler® Insight Blog (Link here) and is reprinted here with permission. In Unifor Local...

By Rhonda B. Levy, Barry Kuretzky
President Biden Signs Into Law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It Became Effective Immediately author.

President Biden Signs Into Law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It Became Effective Immediately

President Biden on March 3 signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It became effective...

By George Friedman
Forced Arbitration Ban in #MeToo Cases: What’s Next for Employers? author.

Forced Arbitration Ban in #MeToo Cases: What’s Next for Employers?

This article first appeared on Engage Blog by Hogan Lovells, here. President Biden is expected to sign into law legislation...

By Ches Garrison
Practicalities of Privacy and Secrecy in Arbitration author.

Practicalities of Privacy and Secrecy in Arbitration

There has been a great deal of discussion lately about nondisclosure agreements (NDAs) in arbitration. The problem is that the...

By Amy Schmitz
The Future of the Transportation Worker Exemption to Mandatory Arbitration – Clarity for the Gig Economy? author.

The Future of the Transportation Worker Exemption to Mandatory Arbitration – Clarity for the Gig Economy?

In 1925, the Federal Arbitration Act (“FAA”) was enacted to ensure the validity and enforcement of arbitration agreements due to...

By Brittany Munn
Invoking a Policy’s Arbitral Provisions that Fall Under the New York or Panama Convention when a Third Party Sues the Insurer author.

Invoking a Policy’s Arbitral Provisions that Fall Under the New York or Panama Convention when a Third Party Sues the Insurer

This article was originally published in the ARIAS·U.S. Quarterly, Q3, 2021 and is republished here with permission. A.        Overview The...

By Edward Lenci
Divided Ninth Circuit Ruling on California AB-51 FAA Preemption is also a Split Decision: Statute is Preempted in Part author.

Divided Ninth Circuit Ruling on California AB-51 FAA Preemption is also a Split Decision: Statute is Preempted in Part

This article first appeared on the Securities Arbitration Alert, here. A split Ninth Circuit has finally ruled on the validity...

By George Friedman
In the Crosshairs: U.S. Congress Again Takes Aim at Arbitration Agreements in Employment Context author.

In the Crosshairs: U.S. Congress Again Takes Aim at Arbitration Agreements in Employment Context

In the U.S. Congress’ latest proposal to strike against arbitration, Judiciary Committee Chairman Jerrold Nadler and Labor Committee Chairman Robert...

By John Schaffer, Marla Presley
AAA Promulgates New Supplementary Procedures for Multiple Case Filings author.

AAA Promulgates New Supplementary Procedures for Multiple Case Filings

This article first appeared on Securities Arbitration Alert, here. In what we are certain is a reaction to a flurry...

By George Friedman
Has the 11th Circuit Clarified the Transportation Worker Exemption of the FAA or Just Created a Circuit Split? author.

Has the 11th Circuit Clarified the Transportation Worker Exemption of the FAA or Just Created a Circuit Split?

This article was first published on the Employment Class Action Blog here. In a published June 22 opinion, the Eleventh...

By John Lewis
E-Signing Arbitration Agreements in a Remote World author.

E-Signing Arbitration Agreements in a Remote World

This article first appeared on the Davis Wright Tremaine LLP blog, here. A recent California Court of Appeal decision (Bannister...

By Crystal Miller-O'Brien, Beatrice Nuñez-Bellamy
Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers author.

Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers

This article first appeared on LexBlog.com, here. Seyfarth Synopsis: Though it may sound esoteric, the question of whether “last mile” drivers...

By Lennon B. Haas, Kyle Petersen, Kevin M. Young
Are We Seeing the Start of a Tectonic Shift on Mandatory PDAAs in the Financial Services Field? author.

Are We Seeing the Start of a Tectonic Shift on Mandatory PDAAs in the Financial Services Field?

This article first appeared on Securities Arbitration Alert (SAA), here. This is less a letter from the editor and more...

By George Friedman
AAA Stats, 1st Qtr. 2021: Consumer & Employment Case Information Updates author.

AAA Stats, 1st Qtr. 2021: Consumer & Employment Case Information Updates

This article first appeared in the Securities Arbitration Alert Blog, here. AAA Award Data is updated quarterly by the American...

By George Friedman
Appeals Court Affirms Employer’s Ability to Compel Arbitration in Massachusetts author.

Appeals Court Affirms Employer’s Ability to Compel Arbitration in Massachusetts

This article first appeared on Ogletree Deakins insights, here. Mandatory arbitration clauses for employment disputes have received a great deal...

By Rachel Mandel, Laurielle Howe
Reminder Of American Exceptionalism In Consumer Arbitration author.

Reminder Of American Exceptionalism In Consumer Arbitration

“American exceptionalism” has been used to reference the United States’ outlier policies in various contexts, including its love for litigation. ...

By Amy Schmitz
Supreme Court of Canada finds Uber Arbitration Clause is Unconscionable author.

Supreme Court of Canada finds Uber Arbitration Clause is Unconscionable

This article first appeared on Global Arbitration News by Baker McKenzie, here. In Uber Technologies Inc. v. Heller, 2020 SCC 16 (“Uber v....

By Christina Doria, Brittany Shales
GAO Report Says Arbitration Has Impacted Servicemember Rights, But to what Extent is Unclear author.

GAO Report Says Arbitration Has Impacted Servicemember Rights, But to what Extent is Unclear

This article first appeared on the Securities Arbitration Alert Blog, here. The Government Accountability Office (“GAO”) has released a Report...

By George Friedman
California Appellate Court Overturns Arbitration Award that Violated Plaintiff’s Statutory Right to Work author.

California Appellate Court Overturns Arbitration Award that Violated Plaintiff’s Statutory Right to Work

This article first appeared on Globar Arbitration News, Baker McKenzie, here. Brown v. TGS Management Co., 57 Cal. App. 5th...

By Jacob Kaplan, Michael Hidalgo
Canada – Arbitrator Has Jurisdiction/Obligation to Decide Recusal Even Absent Express Grant of Authority to Do So author.

Canada – Arbitrator Has Jurisdiction/Obligation to Decide Recusal Even Absent Express Grant of Authority to Do So

This article first appeared on Urbas Arbitral, here. In Syndicat des employés du CISSSMO, section locale 3247 v. Murray, 2021 QCCS...

By Daniel Urbas
AAA Stats, 4th Qtr. 2020: Consumer & Employment Case Information Updates author.

AAA Stats, 4th Qtr. 2020: Consumer & Employment Case Information Updates

This article first appeared on the Securities Arbitration Alert Blog, here. AAA Award Data is updated quarterly by the American...

By George Friedman
Delaying Enforcement of Arbitration Agreements May Lead to Undesirable Consequences author.

Delaying Enforcement of Arbitration Agreements May Lead to Undesirable Consequences

This article first appeared on the Labor & Employment Law Blog, here. In Garcia v. Haralambos Beverage Co., the California Court...

By Lowell Ritter, Lucky Meinz
The Elections are (Finally!) Over: What’s in Store for the Arbitration and the Financial Services Worlds author.

The Elections are (Finally!) Over: What’s in Store for the Arbitration and the Financial Services Worlds

This article first appeared on the Securities Arbitration Alert (SAA) blog, here. At long last the 2020 elections are behind...

By George Friedman
Arbitration Conversation No. 24: Hilary Mofsowitz, South African Labor and Employment Arbitrator author.

Arbitration Conversation No. 24: Hilary Mofsowitz, South African Labor and Employment Arbitrator

In this episode of the Arbitration Conversation Amy interviews Hilary Mofsowitz, a South African Labor and Employment Arbitrator with the...

By Hilary Mofsowitz, Amy Schmitz
Arbitration Conversation No. 8: Prof. Richard Frankel of Drexel University School of Law author.

Arbitration Conversation No. 8: Prof. Richard Frankel of Drexel University School of Law

In this episode of the Arbitration Conversation Amy interviews Prof. Richard Frankel, Associate Professor of Law and Director of the...

By Richard Frankel, Amy Schmitz

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