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California's Mandatory Arbitration Ban Blocked by 9th Circuit

Date:: February 21, 2023

A California law barring employers from using compulsory arbitration agreements to resolve employment disputes conflicts with the Federal Arbitration Act, the 9th Circuit Court of Appeals has ruled in a big win for employers.

2022 Was a Bad Year for Arbitration, a Key Employer Defense Against Class Actions

Date:: January 25, 2023

Duane Morris' annual class action report details blows to arbitration from US Supreme Court rulings and federal legislative actions, as well as other developments.

Supreme Court Limits California PAGA Law Where Arbitration Agreements Exist

Date:: June 15, 2022

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.

With Arbitration Agreement, You Snooze, You May Lose, Says Supreme Court

Date:: May 24, 2022

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

New Law Bans Mandatory Arbitration of Sexual Assault and Sexual Harassment Claims

Date:: March 4, 2022

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.

House Passes Bill Banning Mandatory Arbitration of Sexual Assault and Harassment Claims

Date:: February 8, 2022

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.

Wrongful Termination Nets UConn Basketball Coach $11 Million Award

Date:: January 28, 2022

An arbitrator has awarded a former University of Connecticut (UConn) basketball coach over $11 million after finding that the school wrongfully terminated him.

California Law's Employment Arbitration Limits Land in Supreme Court's Crosshairs

Date:: December 17, 2021

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.

Supreme Court Agrees to Hear Arbitration Case

Date:: November 17, 2021

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.

Mandatory Arbitration Goes Under the Microscope at SHRM Inclusion 2021

Date:: October 28, 2021

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.

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Investigations and Litigation Categories

All Items: Investigations and Litigation

California's Mandatory Arbitration Ban Blocked by 9th Circuit

2022 Was a Bad Year for Arbitration, a Key Employer Defense Against Class Actions

Supreme Court Limits California PAGA Law Where Arbitration Agreements Exist

With Arbitration Agreement, You Snooze, You May Lose, Says Supreme Court

New Law Bans Mandatory Arbitration of Sexual Assault and Sexual Harassment Claims

House Passes Bill Banning Mandatory Arbitration of Sexual Assault and Harassment Claims

Wrongful Termination Nets UConn Basketball Coach $11 Million Award

California Law's Employment Arbitration Limits Land in Supreme Court's Crosshairs

Supreme Court Agrees to Hear Arbitration Case

Mandatory Arbitration Goes Under the Microscope at SHRM Inclusion 2021

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