There is little question that the Senate's 52-48 vote Monday night to confirm Amy Coney Barrett to fill the seat of the late Justice Ruth Bader Ginsburg will have a big impact on employers and employees.
Effective January 1, 2020, California employers will not be able to make use of mandatory arbitration agreements as a condition of employment. But a legal challenge is almost certain to the new law.
The California Supreme Court has ruled that employees may not recover claims for unpaid wages under the Private Attorneys General Act (PAGA) in any forum.
Federal labor law does not prohibit employers from promulgating mandatory arbitration agreements in response to employees opting in to a collective action under wage and hour laws, the National Labor Relations Board ruled in Cordúa Restaurants.
The Supreme Court has ruled 5-4 that employees may not compel their employer to face classwide arbitration when an agreement is ambiguous as to whether the parties agreed to submit to class arbitration.
A broad New Jersey law now prohibits mandatory arbitration of all employment discrimination, harassment and retaliation claims, and also significantly restricts employers from using nondisclosure agreements as part of a settlement.
Google has announced it will soon end its practice of requiring employees to resolve employment disputes through arbitration as a condition of employment.
The Supreme Court has handed a rare victory to workers in a case involving a mandatory arbitration provision, ruling unanimously that a court's authority to compel arbitration under the Federal Arbitration Act does not extend to all private employment contracts.
The Supreme Court has ruled unanimously that when a contract delegates an arbitrability question to an arbitrator, a court may not override the contract even if the court thinks the arbitrability claim is groundless.
News: HR guidance on the importance of crafting arbitration agreements designed to be enforceable, and guidelines for building arbitration programs from fair and balanced arbitration agreements.
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