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Report Link Arbitration Agreements: Make Sure Your Employees Actually Sign Them.Fisher & Phillips, LLP - February 07, 2008 Many employers utilize binding arbitration to resolve employment-related disputes with their employees. The advantages of binding arbitration include savings of time and cost, limited discovery, a more expedited process than court procedures, and, hopefully, smaller attorney's fees. Report Link Arbitration of Employment Disputes in the Hospitality Industry.Elarbee, Thompson, Sapp & Wilson, LLP. - September 27, 2006 Over the past several years, the use of mandatory arbitration agreements has increased among hospitality employers. Such agreements generally require employees, as a condition of employment, to waive their right to a jury trial and have their disputes resolved by an arbitrator. A recent study published by the Center for Hospitality Research at Cornell University's School of Hotel Administration supports this trend, finding that arbitration has significant benefits over litigation as a way for hospitality industry employers to resolve employees' claims of discrimination. Report Link NLRB Finds Mandatory Arbitration Agreement Illegal.Ford & Harrison LLP - July 19, 2006 The National Labor Relations Board (NLRB) has held that a union-free employer committed an unfair labor practice in violation of the National Labor Relations Act (NLRA) by maintaining a mandatory arbitration policy as a condition of employment because that policy could inhibit employees from filing charges with the Board. See U-Haul Co. of California, Case 32-CA-20665-1, 347 NLRB 34 (June 8, 2006). Report Link Cost Provisions May Jeopardize the Enforceability of Agreements to Arbitrate Employment Disputes (pdf).Vedder Price - April 07, 2006 It is established law that an agreement between employer
and employee to arbitrate employment disputes, including
discrimination claims, is enforceable and precludes state
or federal court litigation of such disputes. Report Link Use of AAA Rules for Selecting Arbitrator in Lieu of Unenforceable Selection Clause Upheld.Ford & Harrison LLP - February 20, 2006 The Sixth U.S. Circuit Court of Appeals recently upheld a trial court's order to use the American Arbitration Association's (AAA) rules for selecting an arbitrator after severing an unenforceable arbitrator selection clause from an employment related arbitration agreement. See McMullen v. Meijer, Inc. (Jan. 13, 2006). In this case, the employee challenged the arbitrator selection clause because it permitted the employer to chose a panel of arbitrators from which the parties would select an individual to arbitrate the employee's termination. In 2004, the Sixth Circuit held that this clause was unenforceable and remanded the case to the trial court to determine whether the clause could be severed from the arbitration agreement. Report Link First Circuit Provides Guidance to Employers Who Wish to Communicate Contractual Arrangements to Their Employees.Littler Mendelson, P.C. - June 17, 2005 In a recent decision, the U.S. Court of Appeals for the First Circuit considered what notice is adequate to bind employees to mandatory arbitration of employment disputes, finding that an employer’s mass e-mail to its employees announcing a new mandatory dispute resolution policy and providing a hyperlink to the policy was insufficient notice. Report Link A Marriage Made In Heaven, Modified On Earth, And Stuck In Purgatory.Jones Walker - August 11, 2004 Employment relationships, like marriages, don't always work out. At the beginning of any relationship, we always hope for the best, but often have to prepare for the worst. Like a prenuptial agreement for the betrothed, an arbitration agreement is one way an employer and applicant can plan for future disputes. Many employers consider arbitration an easy, cost-effective, private way to bring an end to what has become an unproductive employment union. However, if you don't cross your t's and dot your i's when putting the agreement in writing, a discharge can become just as ugly as a divorce. Report Link The Scope of Judicial Review of Arbitration Awards [PDF File].Hughes Hubbard & Reed LLP - December 10, 2003 If recent reported decisions are any guide, parties to arbitration agreements do not always find appropriate the standards used by federal courts to review arbitral awards. Report Link Requiring Workers to Arbitrate May Not Always Be Employers' Best Option.Ballard Rosenberg Golper & Savitt - March 28, 2002 Given the outcome of recent court decisions, there is ample reason for employers to question whether arbitration is in fact a preferable forum. Report Link Mandatory Arbitration Clauses in Employment Agreements [PDF File].Lowenstein Sandler PC - May 01, 2001 Three page PDF file discussing mandatory arbitration clauses in light of the Supreme Court's decision in Circuit City Stores v. Adams, No. 99—1379, __ U.S. __ (March 21, 2001). Report Link High Court's Enforcement of Arbitration Agreements Will Have a Significant Impact on the EPLI Community.Jackson Lewis LLP - May 01, 2001 Discusses the pros and cons of mandatory arbitration in wake of Circuit City Stores, Inc. v. Adams, 532 U.S. ___ (2001).
Report Link EEOC Policy Statement. Equal Employment Opportunity Commission - July 01, 1997 EEOC Policy Statement on Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment
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ArticlesFound: 12 ArticlesNO SUBTOPICSEmployment Law Seminars
WORKPLACE VIOLENCE: STRATEGIES FOR PREVENTION
Sacramento
July 8, 2008 Shaw Valenza LLPBenefits "Q And A": Get The Benefit From Our Benefits ExpertsEast Elmhurst
2008-7-8 Queens Chamber of CommercePREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB1825 COMPLIANCE)Eureka
July 10, 2008 Shaw ValenzaThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActNew London
2008-7-16 Jackson Lewis LLPThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-7-16 Jackson Lewis LLPFree Lunchtime Webinar: Protecting Company Assets: Trade Secrets, Non-Competition, And The World Of Restrictive Covenants: Will The Courts Really Enforce These Agreements?Online
July 17, 2008 Fisher & PhillipsDealing With HR Dilemmas In The Digital AgeMelville
2008-7-17 Jackson Lewis LLPDealing With HR Dilemmas In The Digital AgeIrving
2008-7-17 Jackson Lewis LLPComplimentary Breakfast Briefing for In-House Counsel, Senior Management and HR ProfessionalsMemphis
July 22, 2008 Ford & HarrisonInternal Influences /Protecting Your Workplace From Distraction And Destruction - Part IIRiverhead
2008-7-24 Jackson Lewis LLP |
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