Investigations and Litigation
California employers breathed a sigh of relief after the Supreme Court's ruling that the Federal Arbitration Act preempts the state's Private Attorneys General Act.
An employer that fails to act on a mandatory arbitration agreement when faced with an employment lawsuit may not necessarily be able to compel arbitration several months later, the Supreme Court has ruled
President Biden has signed a landmark law that eliminates the use of mandatory arbitration clauses by employers in cases of sexual assault and sexual harassment.
The House of Representatives overwhelmingly passed a bipartisan bill to eliminate the use of mandatory arbitration clauses by employers in cases of sexual assault and sexual harassment.
An arbitrator has awarded a former University of Connecticut (UConn) basketball coach over $11 million after finding that the school wrongfully terminated him.
The Supreme Court has agreed to review a case that examines whether the FAA preempts a class action case filed by an employee under California's Private Attorneys General Act (PAGA) when the employee is subject to an arbitration agreement.
Does an employer's delay invoking an arbitration clause mean that it must face a potentially large wage-and-hour lawsuit in federal court? The Supreme Court will soon resolve that question.
Former Fox News anchor Gretchen Carlson called the use of mandatory arbitration agreements as a condition of employment "unfair" in a lively session, while SHRM Chief of Staff Emily Dickens wondered instead about improving the arbitration process.
California's prohibition on employers' use of mandatory arbitration agreements has been largely upheld by the 9th Circuit Court of Appeals.
The DOJ has filed criminal charges for the first time against a company for using an employee no-poaching agreement, demonstrating the need for HR to ensure companies' hiring practices do not violate federal anti-trust laws.
News: HR guidance on the importance of conducting thorough and objective investigations as a tool to guard against and/or defeat litigation.
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