Arbitration Archives - Page 2 of 2 - Kollman & Saucier P.A.

Supreme Court Upholds Individual Arbitration Clauses In Employment Contracts

Kollman & Saucier

05/22/2018

Arbitration, Class Actions, Employment Contracts, Labor Law, Legal Developments

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 of . . . mutual aid or protection”...

Darrell VanDeusen

10/26/2017

Arbitration, FMLA

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 federal district court told the former employee of an Indiana sports therapy clinic that arbitration is the proper forum for her...

Kollman & Saucier

06/02/2016

Arbitration, Class Actions, Labor Law

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 v. Epic Systems Corporation, No. 15-2997 (7th Cir. May 26, 2016). Epic...

Darrell VanDeusen

12/15/2015

Arbitration, Supreme Court Decisions

In a 6-3 decision, the Supreme Court has decided that satellite television customers are required to individually arbitrate their disputes with the provider, DirecTV. The Court held that the Federal Arbitration Act (FAA) preempts the use of a California state law that said such a provision was unenforceable. DirecTV, Inc. v. Imburgia, 2015 U.S. LEXIS 7999 (Dec. 14, 2015). The decision, which will apply equally to employment and commercial contracts,...

Clifford Geiger

12/09/2015

Arbitration

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 former employer, Prime Communication, L.P., alleging that she was unlawfully deprived of earned...

Darrell VanDeusen

04/04/2015

Arbitration, Employment Discrimination

Employers without a union sometimes think it’s a good idea to consider implementing a policy that requires employees to arbitrate workplace claims rather than permit them to pursue remedies in court. The selling point, the story goes, is that it’s cheaper, faster and you don’t have to worry about a jury deciding the fate of the parties. Anyone who has gone through the arbitration process knows that along with the positives of arbitration –...

Kollman & Saucier

05/09/2014

Arbitration

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” carried the day. The facts underlying Dr. Armond Santoro’s claims are relatively...

Kollman & Saucier

12/17/2013

Arbitration, Wage & Hour

The Federal District Court in Maryland recently issued a ruling that should give Maryland employers some concern. In Jeffrey B. Mould v. NJG Food Service Inc., et al., the Court examined the effect of an arbitration agreement on an employee’s federal and state wage claims. Most practitioners know that arbitration is generally favored by the courts and is hotly contested by plaintiffs, who prefer to try their claims before a jury. This case...

Kollman & Saucier

12/04/2013

Agency Activity, Arbitration, Labor Law

Employers scored a big victory yesterday when the United States Court of Appeals for the Fifth Circuit reversed the National Labor Relations Board's D.R Horton ruling, which invalidated an employer's arbitration agreement containing a waiver of an employee's right to file class-action claims. D.R. Horton v. NLRB, 5th Cir No. 12-60031 (12/3/13). The decision will make it easier for employers to enforce class-action waivers, including waivers of...

Garrett Wozniak

05/08/2013

Arbitration, Employment Discrimination

Quality Restaurant Concepts, LLC (perhaps better known as Applebee’s), maintains an internal dispute resolution (IDR) process and an Employment Arbitration Policy. The company’s arbitration policy covers Title VII claims, and the IDR policy set a 20-day deadline for employees to pursue claims of discrimination. Under the arbitration policy, Applebee’s employees are required to complete the IDR process before participating in arbitration. ...

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Supreme Court Upholds Individual Arbitration Clauses In Employment Contracts

Court Orders Arbitration in FMLA Termination Case

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

Strange Bedfellows in SCOTUS Arbitration Ruling

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

Hooters Rails Against Award in Arbitration It Required

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

Maryland Federal Court Denies Arbitration for Wage Claims

Appellate Court Reverses NLRB and Upholds Legality of Class Action Waivers

20-Day Window Too Short A Time To File Internal Complaint Of Discrimination

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Category: Arbitration

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