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U.S. Supreme Court Provides More Guidance on Arbitration Agreements

Carothers DiSante & Freudenberger LLP • January 22, 2019
In the last two weeks, the nation’s high court issued two opinions concerning an important issue relating to enforceability of arbitration agreements, namely, who decides the “gateway” issue of whether or not a particular dispute is arbitrable—a court or an arbitrator? According to the Court, if the arbitration agreement contains a provision expressly delegating issues of arbitrability to the arbitrator (rather than a court), that provision governs, and a court does not have authority to decide the issue. There is a limited exception to this principle, however. If the dispute involves transportation workers who are involved in interstate commerce, the issue of arbitrability must be decided by a court because the Federal Arbitration Act (“FAA”) expressly states that it does not apply to contracts of employment for such workers. Thus, even if an arbitration agreement with an interstate transportation worker includes a clause delegating arbitrability issues to an arbitrator, a court still must decide the issue of arbitrability in that limited context. The two Supreme Court decisions setting forth these holdings are discussed in this blog post.

New York State Publishes Revised Proposed Regulations On Predictive Scheduling – Are You Ready?

Brody and Associates, LLC • January 22, 2019
On December 12, 2018, the New York State Department of Labor (“NYSDOL”) published revised proposed regulations on employer scheduling practices. These proposed regulations somewhat mirror New York City’s Fair Workweek Laws which have been in effect since November 2017, and which require certain fast food and retail employers to pay employees a “premium” for certain schedule practices. The effective date has yet to be announced.
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