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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Could a single, nationwide paid sick leave law become a reality and cure a multi-jurisdictional employer’s woes? Maybe.

In light of the ever-growing number of states and local governments mandating paid sick leave requirements for private employers, some federal paid sick leave bills have been proposed. Some proponents have called for federal intervention to alleviate multijurisdictional employers from … Continue reading

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Supreme Court Blesses Employers’ Use of Class Action Waivers

As previously reported on October 13, 2017, see here, the Federal Courts of Appeal were evenly divided on the question of whether class action waivers contained in otherwise enforceable employment arbitration agreements were permissible.  Three Courts of Appeal, i.e., the … Continue reading

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SCOTUS to Address Current Split Over Enforceability of Class Action Waivers Contained in Mandatory Arbitration Policies

Many employers have implemented mandatory arbitration policies requiring that all employment related disputes be resolved through final and binding arbitration rather than in traditional court proceedings. In addition to these potential benefits, many employers have added class action waivers to their … Continue reading

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Does Your Federal Contractor Paid Sick Leave Policy Comply with Prop. 206?

Companies that entered into qualifying federal contracts since January 1, 2017 are required to have a sick leave policy, or an equivalent paid time off policy, that complies with federal Executive Order 13706. That Executive Order requires, among other things, … Continue reading

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The SEC Expands Enforcement Program Based Upon Standard Corporate Separation Agreements

The contents alone of commonly used, form Separation Agreements, Confidentiality Agreements, and other standard corporate documents can result in significant fines and other penalties imposed by the Securities Exchange Commission (SEC) and other federal enforcement agencies. These agencies take the position … Continue reading

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Arizona Legislative Assistance in Correctly Classifying Workers as Independent Contractors

Completing and complying with a government supplied “Independent Contractor Certificate” presumptively establishes an independent contractor legal relationship for Arizona state law purposes. See A.R.S. § 23-1601(B).  The effect of this Arizona form Independent Contractor Certificate on federal law questions involving … Continue reading

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Ninth Circuit Invalidates Class Action Waivers Contained in Employment Arbitration Policies

The Ninth Circuit, currently joined by two other federal courts of appeal, has adopted the longstanding position of the National Labor Relations Board (“NLRB”) that class action waivers commonly found in employment arbitration agreements violate the right to engage in … Continue reading

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