HR - Arbitration Issues

Do an airline’s ramp workers qualify as “transportation workers” exempt from the Federal Arbitration Act (FAA)?

On March 31, 2022, the Supreme Court of the United States issued a decision in Badgerow v. Walters , No 20-1143, addressing when federal courts have jurisdiction to rule on motions to confirm, modify, or vacate arbitration awards under the Federal Arbitration Act (FAA).

A federal court must have an independent jurisdictional basis to confirm or vacate an arbitration award and cannot “look through” to the underlying dispute to establish jurisdiction, the U.S. Supreme Court has ruled in a case involving an employee’s wrongful termination claim. Badgerow v. Walters, e

THE ENDING FORCED ARBITRATION OF SEXUAL ASSAULT AND SEXUAL HARASSMENT ACT OF 2021 IS EFFECTIVE IMMEDIATELY AND APPLIES TO ANY CASES OF SEXUAL ASSAULT OR SEXUAL HARASSMENT ASSERTED AFTER ITS EFFECTIVE DATE THAT MAY BE COVERED BY EXISTING MANDATORY ARBITRATION AGREEMENTS.

To update our February 16, 2022 Blog, on March 3, 2022, President Biden signed the law amending the Federal Arbitration Act to prohibit mandatory arbitration of employee claims of sexual harassment or sexual assault.

On March 3, 2022, President Joe Biden signed a law that limits the use of predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims.

On February 10, 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act), barring an employer’s enforcement of pre-dispute arbitration for claims of sexual assault or sexual harassment. President Biden is expected to sign the bill, turning it

By: Bipartisan Legislation Limiting Mandatory Arbitration of Sexual Harassment or Assault Claims Requires Employers to Re-Examine Employment Arbitration Agreements Over the course of three days, the House and Senate passed HR 4445 , the Ending Forced Arbitration of Sexual Assault and Sexual Harassme

On Feb. 10, 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. This bipartisan measure, which President Biden is expected to sign into law, amends the Federal Arbitration Act by banning mandatory arbitration of sexual assault and sexual harassmen

Following the recent trend of state laws prohibiting mandatory arbitration of sexual assault and harassment claims, the United States Senate passed HR 4445, entitled “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” on February 10, 2022.

A new law making predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims invalid and unenforceable has passed in Congress and is headed to President Joe Biden’s desk. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of

A new law making predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims invalid and unenforceable has passed in Congress and is headed to President Joe Biden’s desk.

This week brings a significant change for employment arbitration, as both houses of Congress approved a bill, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445), which now heads to the White House for President Biden’s signature.

On February 10, 2022, the U.S. Senate passed S. 2342, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, just a few days after the U.S. House of Representatives passed the bill, H.R. 4445, on February 7, 2022. If signed by President Biden as expected, the

The Ninth Circuit Court of Appeals has ruled that an ex-Tinder employee must arbitrate her claims against her former employer and cannot pursue her claims in court, even though her claims arose before she executed an arbitration agreement. In reaching this decision, the Ninth Circuit not only enforc

In the U.S. Congress’ latest proposal to strike against arbitration, Judiciary Committee Chairman Jerrold Nadler and Labor Committee Chairman Robert C. “Bobby” Scott introduced the Restoring Justice for Workers Act . The proposed legislation seeks to put an end to pre-dispute arbitration clauses in

California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center , ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion to compel arbitration by a non-signatory to an arbitration agreement base

Employers concerned about the risks and expenses associated with employment litigation have increasingly required their employees to agree to arbitration in the event of a dispute. Even upon the issuance of the arbitrator’s final decision, however, a court’s intervention may still be necessary. At t

The Financial Industry Regulatory Authority (FINRA) Dispute Resolution Services has announced it will reopen the majority of its 69 hearing locations across the United States and Puerto Rico for in-person arbitration and mediation proceedings beginning July 5, 2021.

On March 30, 2021, in Bossé v. New York Life Insurance Co. et al. , the First Circuit Court of Appeals issued an important decision upholding the enforceability of an arbitration agreement that delegates the arbitrability of claims to an arbitrator, and not a court.