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Rent-A-Center, W., Inc. v. Jackson, 2010 U.S. LEXIS 4981 (June 21, 2010)

LexisNexisOverview: Former employee's claim that an arbitration agreement was unconscionable did not specifically challenge a provision that delegated to the arbitrator the authority to decide whether the agreement was enforceable; the delegation provision therefore was treated as valid under...

“May” I Have Another (Lawsuit)? One Word Sinks Employer’s Efforts to Force Arbitration

It's no secret that I'm not a fan of arbitration of employment disputes. Conventional wisdom says that binding arbitration keeps down costs and speeds up resolutions. I've yet to be convinced. Many employers, though, continue to drink the arbitration Kool-Aid by requiring employees sign...

Can a Handbook Policy Bind an Employee to Arbitration? 6th Circuit Says No.

We spend a lot of time debating the respective merits of fine points of the law. The reality, however, is that judges are people too. Despite their training, robes, and gavels, the decision of many cases comes down to one key fundamental question: did one side treat the other side fairly? Courts...

Foley & Lardner Labor and Employment Law Weekly Update (Week of October 24, 2011)

Employers Should Take a Hard Look at Arbitration Written by: Mark Neuberger As evidenced by some recent federal court decisions, employers should be carefully considering the benefits of implementing mandatory arbitration provisions, which include waivers of the right to bring a class action...

Arbitration and Discrimination Claims: Say What You Really Mean to Say

In Hall v. Reagan Stark, -Mich App-, Case No. 294647, (9/1/3/11), a court of appeals panel held in a 2-1 opinion that a law firm's shareholder agreement did not preclude litigation over claims of age discrimination. Two shareholders had filed suit in circuit court alleging that they had been...

Abbey Spanier: Fifth Circuit Rules Against 24 Hour Fitness in Arbitration Case

The Fifth Circuit Court of Appeals upheld a decision that found that a mandatory arbitration clause used by 24 Hour Fitness was illusory because it allowed the company to make changes to the policy retroactively. The decision in Carey v. 24 Hour Fitness [ an enhanced version of this opinion is available...

Arbitration Agreement Tips for PA Employers from the 3rd Circuit

Early in my legal career, a colleague taught me the expression: pigs get fed; hogs get slaughtered. Essentially, be agressive. But push too hard, and you may lose it all. So me PA companies require their new hires to sign an agreement requiring them to arbitrate any claims that arise out of the...

Personal time off and the at will employee: saved by the appeal

When an employer states in its paid time off policy that its at will employees are entitled to five days off immediately upon hire, does this grant become a vested benefit? This was the issue in MSX International v. Hurley , an unpublished decision of the Michigan Court of Appeals. What is of particular...

U.S. Supreme Court: Arbitrator Must Decide on Validity of Noncompete Agreement

WASHINGTON, D.C. - (Mealey's) The Oklahoma Supreme Court failed to properly apply a basic tenet of the Federal Arbitration Act (FAA) when it declared the noncompete agreement in two employment contracts null and void rather than leaving the determination up to an arbitrator, the U.S. Supreme...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the Atlantic...

The Continuum of Dispute Resolution in the Workplace

Today's blog is about dispute resolution. As a general matter, dispute resolution refers to one of several different processes used to resolve disputes between parties, including negotiation, mediation, arbitration, and litigation. A recent discussion I had with a group of business people ...

California Enacts New Laws Attacking Arbitration and Arbitration Agreements

On the last day to sign or veto bills this legislative session, California’s Governor signed into law two bills clearly aimed at attacking and limiting arbitration and arbitration agreements in California. The first, AB 2617 , prohibits mandatory, pre-dispute arbitration agreements in contracts...