Employers seeking to move workplace claims from the courthouse to arbitration received some good news Friday from the U.S. Supreme Court. If a trial court denies a party’s request to compel arbitration, the court must pause...more
6/26/2023
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Coinbase ,
Coinbase Inc v Bielski ,
Consumer Protection Laws ,
Electronic Fund Transfer Act ,
Motion to Compel ,
SCOTUS ,
Unconscionable Contracts
Employers that face lawsuits from employees often seek to move such claims from the courthouse to arbitration. But what happens if the trial court refuses to compel arbitration and the employer appeals the decision? Should...more
5/15/2023
/ Appeals ,
Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Coinbase ,
Consumer Protection Laws ,
Electronic Fund Transfer Act ,
Motion to Compel ,
Oral Argument ,
SCOTUS ,
Unconscionable Contracts
Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more
8/10/2020
/ ADEA ,
Affordable Care Act ,
Arbitration ,
Arbitration Agreements ,
Babb v Wilkie ,
Benefit Plan Sponsors ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Comcast Corp. v National Association of African American-Owned Media ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Contraceptive Coverage Mandate ,
Corporate Counsel ,
DACA ,
Department of Homeland Security v Regents of the University of California ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Intel Corp. Investment Policy Committee v. Sulyma ,
LGBTQ ,
Little Sisters of the Poor Saints Peter and Paul Home v Pennsylvania ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Race Discrimination ,
Religious Discrimination ,
Religious Institutions ,
Retirement Plan ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Trade Secrets ,
Transgender ,
Trump Administration
In a 6-to-3 vote yesterday, the U.S. Supreme Court ruled that workplace discrimination because of an individual’s sexual orientation or gender identity — including being transgender — is unlawful discrimination “because of...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
By a 5-to-4 vote, the Supreme Court ruled yesterday that the Federal Arbitration Act does not allow a court to compel class arbitration when the agreement does not clearly provide for it. As a result, employers whose valid...more
4/25/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
To the relief of employers across the country, the Supreme Court today ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (NLRA) and are,...more
5/21/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employment Contract ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Opt-Outs ,
SCOTUS
The U.S. Supreme Court held today in a 6 to 2 decision that “structured dismissals” resolving Chapter 11 bankruptcy proceedings cannot deviate from the Bankruptcy Code’s priority scheme without the consent of the affected...more
3/23/2017
/ Absolute Priority Rule ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Commercial Truck Drivers ,
Czyzewski v Jevic Holding Corp ,
Priority Debt ,
Priority Rules ,
SCOTUS ,
Structured Dismissals ,
Unpaid Wages ,
Wage and Hour ,
WARN Act