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...
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...
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...
Employers Should Take a Hard Look at
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
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...
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...
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...
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 This was the issue in MSX International v. Hurley , an unpublished decision of the Michigan Court of Appeals.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...
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.
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...
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
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...
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 rose to 43% from 16% in 2012 notwithstanding the...
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 to the Governor's desk to sign or veto....