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Ziober v. BLB Resources, Inc., 2016 U.S. App. LEXIS 18516 (9th Cir., Oct. 14, 2016)

Articles Discussing Case:

USERRA No Bar to Enforcing Employment Arbitration Agreement, Federal Appeals Court Rules

Jackson Lewis P.C. • November 29, 2016
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) does not prohibit compelling a former employee to arbitrate his USERRA claims under an arbitration agreement, the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled. Ziober v. BLB Resources, Inc., No. 14-56374 (9th Cir. Oct. 14, 2016).

Ninth Circuit Rules that Arbitration of USERRA Claims is Permissible

Littler Mendelson, P.C. • October 26, 2016
In Ziober v. BLB Resources, Inc., 2016 U.S. App. LEXIS 18516 (9th Cir., Oct. 14, 2016), the United States Court of Appeals for the Ninth Circuit joined three other circuit courts in holding that the Uniformed Services Employment and Reemployment Rights Act (USERRA) does not prohibit the compelled arbitration of claims under the Act. The Ninth Circuit’s ruling helps solidify the right of employers to compel arbitration of USERRA claims under a valid arbitration agreement, particularly in light of this Circuit’s perceived hostility towards arbitration of employment-related claims. Ziober provides further support for the view that a properly drafted arbitration agreement provides employers with the ability to arbitrate USERRA claims and avoid litigation.

9th Circuit Rules Reservist Must Arbitrate Employment Claim

XpertHR • October 26, 2016
The 9th Circuit Court of Appeals has ruled that the Uniformed Services Employment and Reemployment Rights Act (USERRA) does not prohibit a mandatory arbitration clause covering all employment discrimination claims. The finding in Ziober v. BLB Resources, Inc., is significant because the San Francisco-based federal appellate court has occasionally struck down mandatory arbitration provisions in other cases.