John Phillips on Arbitration

State Law Can Serve as a Backstop to the Federal Arbitration Act

Seyfarth Synopsis: Since the Supreme Court’s decision in Southwest Airlines Co. v. Saxon, many employers have seen an uptick in plaintiffs seeking to avoid arbitration by arguing that they are transportation workers and thus...more

3/22/2023 / Arbitration , Arbitration Agreements , Employment Litigation , Federal Arbitration Act , Transportation Industry

Another Step Down the Slope: The House of Representatives Votes to Ban Mandatory Employment Arbitration and Class and Collective...

Seyfarth Synopsis: On March 17, the House of Representatives passed the “Forced Arbitration Injustice Repeal Act of 2022” or the “FAIR Act,” which would ban the use of mandatory arbitration agreements and class and...more

3/21/2022 / Arbitration , Corporate Counsel , Employer Liability Issues , Federal Arbitration Act , Mandatory Arbitration Clauses , Sexual Assault , Sexual Harassment

Mandatory Arbitration of Wage-Hour Claims Alive and Well After Congress Bans Some Agreements

Seyfarth Synopsis: Recently, Congress passed significant new legislation amending the Federal Arbitration Act and precluding employers from mandating that employees arbitrate sexual harassment or sexual assault claims. ...more

2/17/2022 / Arbitration , Arbitration Agreements , Class Action Arbitration Waivers , Federal Arbitration Act , Mandatory Arbitration Clauses , Sexual Assault , Sexual Harassment

Congress Amends the Federal Arbitration Act and Bans Arbitration Agreements Covering Sexual Harassment and Sexual Assault Claims

Seyfarth Synopsis: For more than twelve years, there have been efforts in Congress to limit the scope of mandatory employment arbitration agreements to exclude sexual harassment and sexual assault claims. Following the “Me...more

2/11/2022 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Mandatory Arbitration Clauses , Sexual Harassment

Bipartisan Push to Curb Arbitration of Sexual Harassment Claims Gaining Momentum

As we previously reported, arbitration agreements have come under increasing scrutiny in recent years, especially with regard to claims for sexual harassment/assault arising during employment....more

12/2/2021 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Sexual Harassment

Turning of the Tide in Employment Arbitration: Could Congress Ban Mandatory Employment Arbitration?

Seyfarth Synopsis: Arbitration agreements with class and collective action waivers can help employers limit litigation exposure, especially to wage and hour claims. In recent years, however, in light of the “Me Too”...more

2/25/2021 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Litigation , Mandatory Arbitration Clauses

Fifth Circuit Says Plaintiffs May Not Send Notice of FLSA Suit to Employees with Arbitration Agreements

Seyfarth Synopsis: In a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA...more

2/25/2019 / Appeals , Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Class Certification , Corporate Counsel , Employer Liability Issues , Employment Litigation , Fair Labor Standards Act (FLSA) , First Impression , JPMorgan Chase , Motion to Compel , Notice Requirements , Unpaid Overtime , Wage and Hour

Fifth Circuit Keeps the Horse Before the Cart: Arbitration to be Decided Before Conditional Certification

Seyfarth Synopsis: In an important decision for employers seeking to enforce arbitration agreements and limit wage and hour exposure and related defense costs, the U.S. Court of Appeals for the Fifth Circuit reaffirmed that...more

5/7/2018 / Arbitration , Arbitration Agreements , Class Action , Delegation Clauses , Employer Liability Issues , Employment Litigation , Fair Labor Standards Act (FLSA) , Independent Contractors , Jurisdiction , Misclassification , Motion to Compel , Motion To Stay , Wage and Hour

John Phillips

Seyfarth Shaw LLP

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