Tag Archives: Arbitration

Supreme Court Gives Teeth to Delegation Clauses in Arbitration Provisions

Supreme
Taking the time to include a well-crafted arbitration agreement in your employment contracts sometimes feels like a moot point, but a recent unanimous U.S. Supreme Court opinion in Henry Schein, Inc. v. Archer & White Sales, Inc. should inspire some confidence in the enforcement of arbitration. The story is a familiar one—an employee who signed … Continue reading this entry

Arbitrator Awards $40 Million in Gender and Sexual Orientation Case

Arbitration
Employers face several trade-offs when considering the implementation of mandatory arbitration policies. One of the positive attributes of arbitration, from an employer’s perspective, is the avoidance of a runaway jury award.  However, a recent arbitration decision provides a reminder that arbitration does not necessarily foreclose a huge award.… Continue reading this entry

Got Arbitration Agreements With Class Waivers? The Fight May Not Be Over

Since the United States Supreme Court upheld the validity of class action waivers in commercial consumer arbitration agreements several years ago, many employers have found arbitration agreements with class action waivers a valuable tool to protect against the tide of class action litigation. In addition to avoiding the risk of a runaway jury award, these … Continue reading this entry

Too Late to Compel Arbitration? Think Again!

California Emloyers
In recent years, more and more employers are considering requiring employees to bring any claims arising out of the employment relationship in a private forum such as an arbitration. The American Arbitration Association provides a helpful guideline for drafting mandatory dispute resolution provisions. Some of the benefits of arbitration are well known: among other things, … Continue reading this entry

Got Proof? Court Requires Proof Employees Signed Arbitration Agreement to Compel Arbitration

California Emloyers
Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many employers continue to consider their use as a means to mitigate employment and wage and hour class action litigation risk. For employers who have implemented such agreements, a … Continue reading this entry

The Evolution Continues: Supreme Court Upholds Class Arbitration Waivers

The landscape of arbitration agreements and their effect on class action matters has been an area of significant evolution in recent years. Indeed, just two weeks ago, we reported on the latest Supreme Court decision that seemed to put a damper on the belief that arbitration agreements might provide a helpful avenue to stemming the … Continue reading this entry

Supreme Court Says “Wait a Minute!” to Using Arbitration to Prevent Class Action Claims

In the past couple of years, the United States Supreme Court has issued several arbitration decisions that many have thought might spell the roadmap for avoiding the wave of class action litigation brought against employers. Specifically, in Stolt-Nielsen v. Animal Feeds International, the Court ruled that arbitration could not be conducted on a class action … Continue reading this entry

NLRB Declares Arbitration Agreements Prohibiting Class Action Claims Unlawful

The NLRB has decided to enter the fray in a big way as to the enforceability of arbitration agreements that do not allow for arbitration of class claims. On January 3, 2012, the NLRB ruled in D.R. Horton, Inc. and Michael Cuda, that it constitutes an unfair labor practice for an employer to require, as … Continue reading this entry

Employers Should Take a Hard Look at Arbitration

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, for all employment-related claims. In Dauod v. Ameriprise Financial Services, Inc., Case No.: 8:10-cv-00302 (D.C. Cal. 10/12/11), employees sought to bring a class action … Continue reading this entry

Amendment to Defense Spending Bill Restricts Use of Employee Arbitration Agreements

It has become increasingly common for employers to require employees to agree to mandatory arbitration of any employment-related disputes. Among some of the advantages, arbitration can be less costly than litigation and avoids the potential risk of exceedingly large jury damages awards. A recently signed bill, however, gives some employers who rely on arbitration clauses … Continue reading this entry