Arbitration

New and Updated

• Date:

  June 15, 2022

  Type:

  News

  Supreme Court Limits California PAGA Law Where Arbitration Agreements Exist

  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.

• Date:

  May 24, 2022

  Type:

  News

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

  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

• Type:

  Employment Law Manual

  Arbitration: Federal

  Updated to reflect a new law prohibiting mandatory arbitration of sexual assault and harassment claims, effective March 3, 2022.

• Type:

  Legal Timetable

  Mandatory Arbitration Ban of Sexual Assault and Harassment Claims Takes Effect

• Date:

  March 4, 2022

  Type:

  News

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

  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.

• Date:

  February 8, 2022

  Type:

  News

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

  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.

• Date:

  January 28, 2022

  Type:

  News

  Wrongful Termination Nets UConn Basketball Coach $11 Million Award

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

• Date:

  December 17, 2021

  Type:

  News

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

  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.

• Date:

  November 17, 2021

  Type:

  News

  Supreme Court Agrees to Hear Arbitration Case

  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.

• Date:

  October 28, 2021

  Type:

  News

  Mandatory Arbitration Goes Under the Microscope at SHRM Inclusion 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.