The Trend to Adopt Mandatory Employment Arbitration Programs

In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs are the expeditious resolution of employment disputes and … Continue reading

Posted in Arbitration, NLRA, NLRB | Tagged , , , ,

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Employers May Prohibit Employees From Opting In To Class Actions

Last year, in Epic Systems Corp v. Lewis, the Supreme Court held that employers act lawfully when they require employees, as a condition of employment, to enter into agreements with the employer waiving their rights to pursue employment claims through … Continue reading

Posted in Arbitration, Class Action, NLRB | Tagged , ,

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United States Supreme Court Continues Its Trend of Enforcing Individual Employment Arbitration Agreements

Approximately one year ago, the United States Supreme Court issued its landmark decision in Epic Systems v. Lewis, 548 U.S. ___ (2018), holding that class action waivers contained in arbitration agreements, including agreements between employers and their employees, are permissible … Continue reading

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Transportation Workers Get a Green Light to Ignore Arbitration Agreements for Wage Claims

The California Court of Appeal in Nieto v Fresno Beverage Company took the position that a driver who delivered beverages solely within the state of California was nonetheless a “transportation worker” who was exempt from the Federal Arbitration Act (“FAA”) … Continue reading

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In Case You Missed It . . .

Happy New Year from Snell & Wilmer’s Labor and Employment Blog! In case you missed them, here are some of the highlights from 2018: Employment Do you have a “100 percent healed” policy? You may reconsider it after reading this. … Continue reading

Posted in ADA, Arbitration, Immigration, Labor, OSHA

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Check Your Arbitration Agreements: The Supreme Court Handed Workers A Big Win

In a unanimous opinion, with Justice Ginsburg concurring, the U.S. Supreme Court held that an exemption under the Federal Arbitration Act (“FAA”) applies to contracts with independent contractors. The FAA generally requires courts to enforce private arbitration agreements. But the … Continue reading

Posted in Arbitration, Class Action, Independent Contractor | Tagged , ,

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Fifth Circuit: Sign Your Arbitration Agreement!

A surprising and cautionary tale for employers from the usually conservative and employer-friendly Fifth Circuit Court of Appeals – you might want to sign your arbitration agreements.  The court last week struck down an employer’s arbitration agreement which was signed … Continue reading

Posted in Arbitration, Texas | Tagged , , , , , ,

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