It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more
Immediately following the issuance of the U.S. Supreme Court’s decision in New Prime v. Oliveira on January 15, 2019, we stated in a blog post that “even if an individual or group of workers is excluded [from arbitration]...more
A federal appeals court just handed Grubhub – and gig economy companies in general – a pivotal victory by narrowly interpreting an exception allowing certain transportation workers (including independent contractors) to...more
In a July 14, 2020 decision the Supreme Court of New Jersey held that the New Jersey Arbitration Act (NJAA) may apply to arbitration agreements even if the parties are subject to the Federal Arbitration Act (FAA) exemption...more
The U.S. Supreme Court’s 2018 term was a busy one for arbitration, with the Court issuing rulings in three cases addressing questions of the reach and interpretation of the Federal Arbitration Act (FAA). The Court has already...more
Perhaps the most shocking aspect of employment-related cases from the 2018-2019 Supreme Court term that just wrapped up was the number of unanimous decisions – seven of the eight rulings – were agreed upon by all of the...more
Even though the Federal Arbitration Act (FAA) exempts transportation workers engaged in interstate commerce from arbitration agreements, the New Jersey Arbitration Act (NJAA) may provide adequate legal basis to enforce such...more
When an employee signs an individual arbitration agreement, they agree to go through arbitration as opposed to filing a lawsuit if a legal issue arises in the workplace. As one can imagine, these agreements are regularly the...more
Great news for gig economy businesses from an Illinois federal court: a judge recently ruled that Grubhub’s delivery drivers were not operating in “interstate commerce,” and therefore were not excluded from the company’s...more
Last year, the Supreme Court of the United States issued a significant decision upholding the use of individual arbitration agreements that include class action waivers. The Epic Systems’ Decision provided clarity to...more
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
In a series of decisions over recent years, the U.S. Supreme Court has repeatedly upheld the use of mandatory arbitration agreements in employment disputes over the objections of employees who claimed various legal reasons...more
In the past two weeks, the U.S. Supreme Court released two unanimous opinions regarding enforcement of arbitration agreements under the Federal Arbitration Act (FAA), Henry Schein, Inc. v. Archer and White Sales, Inc., and...more
Despite the current U.S. government shutdown, many aspects of the federal government continue to operate, including the federal court system. This Alert highlights some of the legal, legislative and administrative...more
The Supreme Court and the Third Circuit decided three cases in the last week relating to the interpretation and enforceability of arbitration agreements. We discuss them below. Third Circuit Compels Arbitration of an...more
On January 15, 2019, in a very disappointing decision for the trucking industry regarding the application of arbitration provisions in motor carrier-independent contractor service agreements, the U.S. Supreme Court...more