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Arbitration New York

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 -
Hinshaw & Culbertson - Employment Law...

How the EFAA Applies to Employee Arbitration Agreements in Sexual Harassment Cases Involving Conduct That Preceded the Law’s...

On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though...more

Goldberg Segalla

[Webinar] How to Defend a Workers’ Compensation Provider Dispute Brought in the No-Fault Arena - February 27th, 12:00 pm - 1:00 pm...

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Don’t you hate it when a medical provider contests a billing dispute in the NY No-Fault arena, with its provider-friendly rules, when the provider knows (or should have known) that billing disputes in workers’ compensation...more

Carlton Fields

SDNY Confirms Arbitration Award Under New York Convention

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In Exclusive Trim Inc. v. Kastamonu Romania, S.A., the U.S. District Court for the Southern District of New York granted a petition to confirm and enforce a foreign arbitration award issued in an arbitration held before the...more

Foley & Lardner LLP

S.D.N.Y. Finds Arbitration Clause in Insurance Contract Unenforceable, Following Second Circuit Precedent that the...

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Two recent decisions from the United States District Court for the Southern District of New York highlight the split among circuits on whether state insurance laws that prohibit arbitration of insurance and reinsurance...more

Carlton Fields

Southern District of New York Dismisses Petition to Confirm $145M Foreign Arbitration Award for Lack of Personal Jurisdiction

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The Southern District of New York recently dismissed a petition to confirm a $145 million arbitration award rendered in Hong Kong based on lack of personal jurisdiction....more

Carlton Fields

New York Appellate Court Reverses Order Compelling Arbitration, Holds Collective Bargaining Agreement Arbitration Provisions...

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New York statutes classify certain civil service positions as exempt where such positions are confidential in nature and require personal qualities that cannot practicably be tested by an examination. These positions are...more

Fisher Phillips

New York Federal Court Allows Workers to Dodge Arbitration for Claims Brought With Sexual Harassment Case

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A New York federal judge recently shook up the employment law world when he ruled that a new federal law preventing employers from requiring arbitration in sexual harassment claims also blocked arbitration for other claims...more

Proskauer - Law and the Workplace

New York State Legislators Propose “Wrongful Discharge” Law

A trio of New York State Senators has proposed a bill that would create a cause of action for “wrongful discharge.” If enacted, the “Safeguarding Employees and Accountability for Termination (SEAT) Act” would be codified in...more

Allen Matkins

Court Holds That Arbitrator Must Decide Whether Partner Is An Employee

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As discussed in this post from 2016, California Labor Code Section 925 prohibits an employer from requiring an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that...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

Felicello Law PC

Avoiding a Punitive Damages Award in Private Arbitration

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New York law is a great boon when it comes to private arbitration. The law is well-developed (and in fact served as the basis for the Federal Arbitration Act); New York is home to a plethora of experienced professional...more

Jackson Lewis P.C.

Small Claims Court Recovery Barred Subsequent FLSA and State Law Pay Claims, Second Circuit Holds

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Second Circuit recently affirmed the dismissal of a plaintiff’s Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) overtime pay claims in federal court, after she previously had...more

Jackson Lewis P.C.

New York City Council Passes Legislation Expanding New York City’s Fair Workweek Law

Jackson Lewis P.C. on

The New York City Council has passed two bills, Int. No. 1415-A and Int. No 1396-A, that, when enacted and effective, will impose significant obligations on covered New York City fast food industry employers. These bills...more

Rivkin Radler LLP

You Can Be Compelled to Arbitrate Based on an Agreement You Didn’t Sign

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As a general rule, parties cannot be forced to arbitrate a dispute unless they signed a clear and binding agreement to arbitrate. However, a recent decision issued by New York County Commercial Division Judge Barry Ostrager...more

McGlinchey Stafford

Florida Real Property & Business Litigation Report, Volume 13, Issue 23

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GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, Case No. 18–1048 (2020). Equitable estoppel principles (such as non-signatories being able to compel arbitration of disputes) can be applied in...more

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