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Arbitration

Uber Driver Must Ride Solo: Class Action Waiver Enforced Post Epic Systems

On May 21, the Supreme Court issued its decision in Epic Systems Corp. v. Lewis, which we previously discussed at length.  That case, which upheld class action waivers in favor of individual arbitration, forces Gustavo Camilo to individually arbitrate his claim that Uber illegally charged him and other drivers a workers’ compensation fee. Just a […]

A Potentially Epic Alternative To Class-Action Waiver Arbitration Clauses

In the aftermath of Monday’s Supreme Court decision in Epic Systems Corp. v. Lewis, as discussed on this blog, employers are free to include class-action waivers as part of their arbitration clauses in employment agreements. There is, however, a difference between whether employers can include such clauses and whether all employers should include them.  Some […]

Supreme Court Upholds Individual Arbitration Clauses In Employment Contracts

Mandatory arbitration clauses in employment contracts are increasingly a fact of workplace life.  What happens, though, when an employee signs an employment agreement requiring that any job-related disputes be submitted to individual arbitration, rather than class- or collective-action lawsuits?  Do longstanding federal labor laws protecting workers’ right to engage in “concerted activities for the purpose […]

Court Orders Arbitration in FMLA Termination Case

The question of whether and when an employer can compel an employee who is suing it to arbitrate her case rather than proceed in court depends upon the terms of the agreement between the parties.  In Mason v. Athletic & Therapeutic Inst. of Naperville, 2017 U.S. Dist. LEXIS 173046 (S.D. Ind. Oct. 19, 2017), a […]

Seventh Circuit Sides with NLRB on Arbitration Agreements, Creates Circuit Split

In a surprising decision for atypically business-friendly appellate court, the United States Court of Appeals for the Seventh Circuit has sided with the National Labor Relations Board’s position that a mandatory agreement requiring employees to waive the right to bring a class or collective action in arbitration violates the National Labor Relations Act (NLRA).  Lewis […]

You Can’t Have It Both Ways: Arbitration Agreement in Employee Handbook is Not Binding

The U.S. Court of Appeals for the Fourth Circuit recently confirmed that an employer cannot impose a mandatory arbitration requirement on its employees through an employee handbook when the handbook also contains a disclaimer of contractual intent. Lorenzo v. Prime Commc’ns, No. 14-1622 (4th Cir. Nov. 24, 2015). Lorenzo brought an FLSA claim against her […]

Fourth Circuit: Only Whistleblowing Claims Are Subject to Dodd-Frank Act’s Arbitration Carve-Out

To arbitrate or not to arbitrate – that was the question the Fourth Circuit faced in Santoro v. Accenture Federal Services, LLC, a recent employment discrimination case involving statutory interpretation of the Dodd-Frank Act. No. 12-2561 (4th Cir. May 5, 2014). Because the plaintiff did not bring a whistleblower claim, the Court concluded, “to arbitrate” […]