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Report Link Can You Enforce Your Employment Arbitration Agreement?Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - October 23, 2009 Many employers prefer the speed, reduced cost and procedural simplicity promised by arbitrations when resolving disputes with current or former employees. After briefly encouraging this form of alternative dispute resolution as an alternative to litigation, courts have increasingly stepped up their oversight of arbitration agreements and have begun striking agreements deemed too one-sided for employers. Accordingly, employers who attempt to mandate arbitration of employment claims should review their agreements in light of some recent judicial guidance. Report Link Up Next: The Arbitration Fairness Act of 2009.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - May 28, 2009 Legislation has been introduced in both houses of Congress that would all but eliminate an employer's right to enter into pre-dispute arbitration agreements with its employees. Under the Arbitration Fairness Act of 2009, pre-dispute agreements requiring the arbitration of an employment dispute or any dispute arising under any statute intended to protect civil rights would be invalid and unenforceable. The Act would also prohibit pre-dispute arbitration agreements addressing consumer or franchise disputes. The legislation would not affect arbitration agreements entered prior to the statute's enactment. Report Link WHEN ARE ARBITRATION AGREEMENTS ENFORCEABLE?: WHEN IN “ROMAN”.Shaw Valenza LLP - May 11, 2009 Federal and state legislation establish a public policy encouraging the use of arbitration agreements to resolve disputes. However, many employers have seen their agreements invalidated since the California Supreme Court‘s 2000 decision in Armendariz v. Foundation Health Psychcare, Inc. In that case, the Court imposed several procedural requirements for employment arbitration agreements. Recent appellate decisions have relied on those requirements to refuse to enforce employer’s existing arbitration agreements. Report Link Arbitration Decision Is Either No Big Deal, or a Great Employer Victory.Constangy, Brooks & Smith, LLP - April 22, 2009 The Supreme Court recently held, 5-4, that employees with age discrimination claims could be compelled to arbitrate their claims pursuant to provisions in collective bargaining agreements. The decision, 14 Penn Plaza v. Pyett, may not have a dramatic effect on Unionized employers because on its face it applies only to agreements that give the arbitrator authority to adjudicate such claims. Report Link Legislation Prohibiting Employment-Related Predispute Arbitration Agreements Introduced in CongressFord & Harrison LLP - February 20, 2009 Legislation has been introduced in Congress that would make predispute arbitration agreements in employment, consumer, and franchise disputes and disputes arising under civil rights statutes unenforceable. The legislation does not apply to arbitration provisions in collective bargaining agreements. 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 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).
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ArticlesFound: 15 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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