News & Analysis as of

Arbitration Coronavirus/COVID-19

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
BCLP

English Court Decides COVID-19 is a “Catastrophe”

BCLP on

The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess...more

Benesch

Pricing Litigation: Ten Years In

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Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is...more

Jackson Lewis P.C.

California Supreme Court Cases Employers Should Watch in 2024

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The California Supreme Court issued several important decisions in 2023 about issues such as COVID-19 take-home exposure and arbitrating Private Attorney General Act (PAGA) claims. Employers should continue to be aware of...more

Davis Wright Tremaine LLP

California's New Employment Laws: Get Ready for 2024

Governor Newsom signed into law a plethora of bills that significantly expand the rights of employees in California, although notably vetoing a bill that would have prohibited caste discrimination. Most of the new laws take...more

Perkins Coie

2023 California Labor, Employment, and Independent Contractor Legislative Update

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With the 2023 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within the state and highlight relevant action items related to these bills. Below...more

Proskauer - California Employment Law

In a Surprise Move, California Enacts Boatload of New Pro-Employer Laws – Nah, Just Kidding, It’s Going to be More Burdensome than...

In what has become an annual tradition, California – that fabled workers’ paradise on earth – has enacted a slew of new laws that, come January, may keep even the most hearty HR professionals up at night. As we reported...more

Baker Donelson

Recent Trends in FEMA COVID-19 Appeal and Arbitration Decisions

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Recent Federal Emergency Management Agency (FEMA) second appeal decisions and United States Civilian Board of Contract Appeal (CBCA) arbitration decisions indicate that FEMA is narrowly construing its policy language...more

Foley & Lardner LLP

Remote Workers and the Massachusetts Wage Act — Proceed With Caution

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The COVID-19 pandemic’s impact upon the use of remote workforces by U.S. businesses is undisputed. In recent years, the conventional wisdom has been that remote employees living in other states throughout the United States...more

Miller Canfield

Time is Money: Addressing Time Theft in the Workplace

Miller Canfield on

Every minute counts in the workplace, but what happens when employees start stealing worktime for personal gain? This important issue is known as time theft which is the act of employees taking advantage of company time for...more

Littler

Ontario, Canada Arbitrator Upholds Reasonableness of Hospital Vaccination Policy Providing for Employment Termination of...

Littler on

An arbitrator recently issued the first award in Ontario to address and uphold the reasonableness of a hospital vaccination policy that provides for the termination of employment for non-compliance.  In Lakeridge Health and...more

Miles Mediation & Arbitration

The Emerging Overlap Between COVID-19 and Employment Law Litigation

Prepared lawyers come to mediation with case authority or with information about jury verdicts in similar cases in hand. They will use it artfully to support their position, diminish the case of their opponent, or both. In...more

American Conference Institute (ACI)

[Event] 14th Annual Advanced Forum on Managed Care Disputes and Litigation - March 29th - 30th, Chicago, IL

Hosted by ACI, 14th Annual Advanced Forum on Managed Care Disputes and Litigation returns for another exciting year with curated programming that will help you make sense of these developments, and their profound impact on...more

Bennett Jones LLP

Alberta Court Confirms Exclusive Jurisdiction of Labour Arbitrator Over Mandatory Vaccination Policy

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The Court of King's Bench of Alberta recently applied the long-standing principle that labour arbitrators have exclusive jurisdiction to adjudicate disputes arising under a collective agreement, even in the context of an...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2023

Jackson Lewis P.C. on

In this issue of the Jackson Lewis Class Action Trends Report, we welcome the New Year and look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead...more

Littler

25 Key Developments in Canadian Labour and Employment Law in 2022

Littler on

In 2022, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2022 developments, with links to more detailed...more

Latham & Watkins LLP

Complex Commercial Litigation Law Review - Fifth Edition - England & Wales

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The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern every aspect of cases from...more

Fenwick & West LLP

Fall 2022 Employment Law Roundup

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U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act - On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more

JAMS

The Evolving Nature of Employment Disputes and How ADR Offers an Effective Means of Resolving Issues

JAMS on

While the nature of the work environment has been evolving over the past few years, employment disputes remain a constant. Clearly, COVID has impacted the workplace and has led to a host of disputes across nearly every...more

Littler

British Columbia Court Finds Employer May Place Employee on Unpaid Leave for Failing to Comply with its Mandatory COVID-19...

Littler on

Although arbitrators in Canada have considered whether an employer in a unionized workplace can place an employee on unpaid leave for failing to comply with its mandatory COVID-19 vaccination policy, the British Columbia...more

Jackson Lewis P.C.

Retail Industry Workplace Law Update – Fall 2022

Jackson Lewis P.C. on

Changing Retail Staffing Models – Unforeseen Risks in a New Economy- Events related to the COVID-19 pandemic may have caused roles within retail operations to shift, and managers may have been required to do more when...more

Hogan Lovells

UK COVID-19 – Arbitrator of protected rent arrears must make award in line with compliant proposal

Hogan Lovells on

In one of the first published arbitration awards under the Commercial Rent (Coronavirus) Act 2022 (“CRCA”) in which the Arbitrator made an award based on the parties' formal proposals, the tenant (Bills Restaurants Limited)...more

Hogan Lovells

UK COVID-19: Tenants are now out of time to trigger the arbitration scheme on COVID arrears

Hogan Lovells on

The Commercial Rent (Coronavirus) Act 2022, which came into force on 24 March 2022, introduced a binding arbitration scheme to deal with arrears of commercial rents which accrued during the pandemic, referred to in the Act as...more

Fisher Phillips

The Top 14 Workplace Law Stories from July 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

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Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

DirectEmployers Association

OFCCP Week In Review: August 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

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