Labor and Employment Law

Recent Posts

Rent-A-Center, W., Inc. v. Jackson, 2010 U.S. LEXIS 4981 (June 21, 2010)
Posted on 12 Oct 2010 by LexisNexis Labor & Employment Law Community St

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... Read More

U.S. Supreme Court: Arbitrator Must Decide on Validity of Noncompete Agreement
Posted on 26 Nov 2012 by Bajeerah LaCava

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... Read More

The Continuum of Dispute Resolution in the Workplace
Posted on 13 May 2013 by Lorene Schaefer

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... Read More

Arbitration...Be Careful What You Ask For
Posted on 6 May 2015 by John Holmquist

Employers are embracing binding arbitration as the preferred choice for resolving work place disputes with employees and thus avoiding state or federal court. One survey indicated that in 2014, employers use of arbitration to prevent class action claims... Read More

California Enacts New Laws Attacking Arbitration and Arbitration Agreements
Posted on 2 Oct 2014 by Robin Largent

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... Read More

Foley & Lardner Labor and Employment Law Weekly Update (Week of October 24, 2011)
Posted on 25 Oct 2011 by Foley & Lardner LLP

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... Read More

Determining the Adjudicator of Arbitrability Issues: Rent-A-Center West v. Jackson and Granite Rock v. International Brotherhood of Teamsters
Posted on 8 Sep 2010 by Peter Lareau

In this Analysis, N. Peter Lareau explores generally the rules applicable to determining the adjudicator of arbitrability issues and then focuses on two June 2010 Supreme Court cases: Rent-A-Center, W., Inc. v. Jackson , 130 S. Ct. 2772 (U.S. 2010... Read More

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High
Posted on 26 Feb 2013 by Norton Rose Fulbright

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... Read More

Personal time off and the at will employee: saved by the appeal
Posted on 29 Jun 2012 by John Holmquist

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... Read More

Abbey Spanier: Fifth Circuit Rules Against 24 Hour Fitness in Arbitration Case
Posted on 15 Feb 2012 by Abbey Spanier

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... Read More

Are Mandatory Employment Arbitration Agreements About to Be History in California?
Posted on 1 Sep 2015 by Robin Largent

This may be the case. California's Legislature has passed a bill ( AB 465 ) to ban employers from requiring applicants and employees to agree to arbitrate employment disputes as a condition of employment or continued employment. That bill is now headed... Read More

“May” I Have Another (Lawsuit)? One Word Sinks Employer’s Efforts to Force Arbitration
Posted on 29 Aug 2011 by Jon Hyman

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... Read More

Arbitration and Discrimination Claims: Say What You Really Mean to Say
Posted on 27 Oct 2011 by John Holmquist

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... Read More

Arbitration Agreement Tips for PA Employers from the 3rd Circuit
Posted on 15 Mar 2012 by Eric Meyer

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... Read More

Can a Handbook Policy Bind an Employee to Arbitration? 6th Circuit Says No.
Posted on 1 Sep 2011 by Jon Hyman

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... Read More