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Fifth Circuit Affirms District Court’s Striking of Class Allegations
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#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
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In a recent ruling, a California appeals court found an arbitration agreement with an eyewear store employee that was presented on a take-it-or-leave-it basis required an arbitrator to apply the laws of another state,...more
The United States Chamber of Commerce and other trade groups sued the Federal Trade Commission in the United States District Court for the Eastern District of Texas on April 24, in Chamber Of Commerce Of The United States Of...more
Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC, that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond...more
Here’s a question you likely have never considered: Are hackers overseas infiltrating employers’ computer systems just to sign arbitration agreements with class action waivers for random employees?...more
In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more
For more than a few years — at least since the United States Supreme Court’s seminal 2017 decision in Epic Systems v. Lewis — employers across the country have weighed whether to have their employees sign arbitration...more
A private class-action complaint claimed that the department store, Saks, and several luxury brands (including Louis Vuitton, Loro Piana, Prada, Brunello and Fendi) violated Federal Antitrust laws when they agreed that each...more
On June 23, 2023, the Supreme Court of the United States held district court proceedings must be put on hold during an appeal on the question of whether claims are subject to arbitration. The ruling is a big win for...more
The First Circuit Court of Appeals recently clarified the standards for invoking the “transportation worker” exception to the Federal Arbitration Act. The court noted that fact-finding on that exception should focus on the...more
The Manitoba Court of King’s Bench recently rejected a motion by a large online meal delivery service to stay a class proceeding in favour of arbitration in accordance with the terms of a new agreement with its couriers. The...more
Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the...more
On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration. The court concluded that...more
California employment litigators currently feel as if the world is at a standstill. Each and every attorney, whether counsel for defense or plaintiff, is holding their breath. For the last couple of years, plaintiff’s...more
The Supreme Court has recently taken the challenge of assessing the scope and breadth of workplace arbitration provisions under the Federal Arbitration Act (“FAA”) in Viking River Cruises, Inc. v. Moriana, and Southwest...more
For many years, companies have required consumers and employees to sign contracts containing arbitration clauses that prohibit them from filing class action claims and require them to waive jury trials. The history of how...more
U.S. HOUSE PASSES THE FAIR ACT - On March 17, 2022, the United States House of Representatives passed the Forced Arbitration Injustice Repeal Act (FAIR Act), which prohibits all pre-dispute mandatory arbitration provisions...more
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), amending the Federal Arbitration Act (FAA) to expressly prohibit mandatory...more
On March 3, 2022, President Biden signed into law H.R. 4445, titled "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" ("Act"). The law amends the Federal Arbitration Act to prohibit employers...more
President Joseph Biden has signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, allowing individuals asserting a claim of sexual harassment or assault to file suit in court despite the...more
Please join our distinguished panelists of CDF employment law attorneys, Carolina Schwalbach, Leah Cameron, and Allison Chua on March 30, 2022, for a complimentary webinar as they explore the top pressing non-COVID-related...more
On March 3, 2022, President Biden signed into law H.R. 4445 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The legislation passed Congress with bipartisan support. The #MeToo-inspired bill is...more
Agreements to submit disputes to arbitration are commonplace, with parties attempting to avoid the time, cost, and publicity involved in litigating disputes in court. To facilitate these aims, the Federal Arbitration Act (the...more
Since the onset of the #MeToo movement, allegations of sexual harassment in the workplace are frequently spotlighted in the news and on social media. Still, many claims between employers and employees are resolved outside of...more
With the passage of H.R. 4445, Congress has discovered a point of agreement: barring the mandatory imposition of arbitration for employees suffering from sexual assault or sexual harassment in the workplace. President Biden...more
On February 10, 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act), barring an employer’s enforcement of pre-dispute arbitration for claims of sexual assault or...more