News & Analysis as of

Employment Litigation Arbitrators Arbitration

JAMS

Global Perspectives on Employment Disputes: Key Lessons From Cross-Border Cases

JAMS on

Navigating employment disputes across borders presents unique challenges for employers and employees alike. Legal frameworks, cultural sensitivities and ethical considerations can vary greatly from one jurisdiction to...more

JAMS

Arbitration Is Meant To Be Expeditious, But Is It Really?

JAMS on

Arbitration is meant to be expeditious and to avoid the time and expense associated with proceeding in court. While that is still the goal, at times the speed of the arbitration process can vary significantly. As a...more

Carlton Fields

Michigan Supreme Court Declines Application for Leave to Appeal Lower Court’s Vacation of Arbitration Award

Carlton Fields on

In Michigan AFSCME Council 25 v. County of Wayne, the Supreme Court of Michigan declined an application filed by Michigan AFSCME Council 25 and Affiliated Local 101 for leave to appeal a judgment of the circuit court and...more

Miller Canfield

Arbitrator's Power to Alter Discipline Affirmed by Michigan Court, with a Caveat on CBA Clarity

Miller Canfield on

Can a collective bargaining agreement (CBA) limit the authority of a labor arbitrator to determine the appropriateness of a disciplinary punishment? It can, but only when the CBA clearly says so, reiterated the Michigan Court...more

Fisher Phillips

2 Steps to Improve Arbitrator Diversity in Labor and Employment Cases

Fisher Phillips on

Today, over 60 million workers are subject to arbitration — a 55% increase since the early 2000s — yet the arbitration field remains dominated by white men. While workplaces across the country have increased their commitment...more

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

Payne & Fears on

Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Should You Enforce a Non-compete Agreement Through Arbitration or Litigation? An Examination of the Not-So-Obvious Answer to This...

When a non-compete agreement contains an arbitration clause, this raises the issue of whether the non-compete should be enforced through arbitration or litigation. This is an obvious threshold question with an answer that is...more

Littler

Canadian Arbitrator Upholds Mandatory Vaccination Policy for Employees Who Work Indoors

Littler on

In Power Workers’ Union v Elexicon Energy Inc., 2022 CanLII 7228 (ON LA) (Elexicon Energy), a union challenged the reasonableness of an electricity distribution company’s mandatory COVID-19 vaccination policy (Policy). ...more

Hinshaw & Culbertson - Employment Law...

The 12 days of California Labor & Employment Series – Day 2: Failure to Timely Pay Arbitrator May Lose the Right to Arbitrate

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this second day of the holidays, my labor and employment...more

Littler

Canada: Ontario Superior Court Holds Labour Arbitrator Has Exclusive Jurisdiction to Resolve Dispute Relating to Workplace...

Littler on

In De Facendis v. Toronto Parking Authority, the Ontario Superior Court of Justice held that when a claim for workplace sexual harassment and workplace sexual assault “arises under the collective agreement,” a labour...more

JAMS

Is ADR the Cure for COVID-19-Related Litigation? - The benefits of having a neutral with life sciences experience to resolve your...

JAMS on

As we continue our battle against COVID-19, one of the successes is the speed with which pharmaceutical companies have developed vaccines. For those not familiar with the science and the process of getting new drugs to...more

Littler

Ontario, Canada: Arbitrator Upholds For-Cause Dismissal of Employee with COVID-19 Who Put Colleagues and Others at Risk

Littler on

In Garda Security Screening Inc. v. IAM, District 140 (Shoker Grievance) [2020] O.L.A.A. No. 162 (Garda Grievance), a labour arbitrator dismissed a grievance pertaining to the for-cause dismissal of a unionized employee who...more

NAM (National Arbitration and Mediation)

CCBJ Interview With Rhonda L. Epstein, Esq. | In The Age Of Coronavirus, ADR Is More In-demand Than Ever

Rhonda L. Epstein, Esq. is a neutral with NAM (National Arbitration and Mediation) and a longtime proponent of alternative dispute resolution. She's also a seasoned litigator with an extensive background in employment law and...more

JAMS

[PODCAST] Resolving Employment Disputes through Mediation

JAMS on

From health and safety concerns of the COVID-19 pandemic, to systemic discrimination issues amidst the Black Lives Matter movement, to continued fallout from the #MeToo movement, employers are currently facing a unique...more

JAMS

Q&A with Robin H. Gise, Esq.

JAMS on

Please provide a snapshot of your legal career prior to joining JAMS. I practiced labor and employment law for 10 years before becoming a neutral. I then began working for some JAMS neutrals, assisting in mediations and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Rules that Courts, Not Arbitrators, Decide “Gateway Issue” of Class Arbitrability

In 20/20 Communications, Inc. v. Crawford, the U.S. Court of Appeals for the Fifth Circuit recently ruled that the question of whether a dispute can be arbitrated on a class-wide basis is a threshold issue that is...more

Carlton Fields

Ninth Circuit Affirms Order Compelling Class Arbitration in Employment Dispute Involving Two Employment Agreements With Varying...

Carlton Fields on

Oracle America Inc. appealed the trial court’s order compelling class arbitration in an employment dispute in which there were two agreements at issue, one with, and one without, a class action waiver. The Ninth Circuit...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Joins Sister Circuits in Holding That Courts, not Arbitrators, Should Decide the Availability of Class Arbitration

In a matter of first impression before the Seventh Circuit Court of Appeals involving an issue left open by the Supreme Court of the United States, a Seventh Circuit panel issued an opinion on a key threshold question of...more

Seyfarth Shaw LLP

Seventh Circuit Says: Clear Error Standard Applies To Court Review Of Withdrawal Liability Arbitrator’s CBA Interpretation

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit has now applied a clear error standard of review to a withdrawal liability arbitrator’s interpretation of a collective bargaining agreement, thus enhancing the role of the arbitrator in...more

Orrick, Herrington & Sutcliffe LLP

Arbitration 101: Why and How to Keep Your Company Out of Court

“Arbitration makes a lot of sense”, Charles Allen states. A general commercial disputes lawyer and currently a partner at Orrick, Herrington & Sutcliffe in Hong Kong, he practices across a wide range of different things. ...more

20 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide