Search Blog
Subscribe to Blog
Enter your email address to
receive notifications of new
posts by email.About this Blog
Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
- ADA
- ADEA
- Arbitration
- Arizona
- California
- Class Action
- Colorado
- Confidentiality
- Discrimination
- DOL
- EEOC
- FCRA
- Federal Contractor
- FLSA
- FMLA
- Handbook
- Hiring
- Idaho
- Immigration
- Independent Contractor
- Labor
- Minimum Wage
- Nevada
- New Mexico
- NLRA
- NLRB
- OSHA
- Pay
- Reasonable Accommodation
- Restrictive Covenant
- Sick Leave
- Snell & Wilmer
- Social Media
- Texas
- Title VII
- Trade Secrets
- Transgender
- Uncategorized
- Unions
- Utah
- Whistleblower
- Work Authorization
It’s Official: The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” Is Now Law
As anticipated, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) today. Effective immediately, the Act amends the Federal Arbitration Act and limits the enforceability of U.S. employers’ mandatory arbitration agreements … Continue reading
Posted in Uncategorized
| Tagged Arbitration, Black Lives Matter, Breaking News, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, MeToo
Share this Article:
Claims of Sexual Misconduct Can No Longer Be Forced Into Mandatory Arbitration
The majority of U.S. employers have elected to adopt the use of mandatory arbitration agreements, requiring that all employment-related claims be arbitrated and not litigated. Pursuant to a series of landmark United States Supreme Court decisions, such mandatory arbitration agreements … Continue reading
Posted in Uncategorized
| Tagged Arbitration, Biden, Dispute Resolution, Federal Arbitration Act
Share this Article:
Utah Is Very Arbitration Friendly
At a time when some courts seem willing to write arbitration clauses out of contracts because of perceived fairness issues, Utah is firmly and liberally behind them. The Utah Court of Appeals recently confirmed Utah’s very strong policy in favor … Continue reading
Posted in Arbitration, Utah
| Tagged Arbitration, Employment Arbitration Agreements, Utah
Share this Article:
Arizona’s Seldom Discussed Statutory Prohibition of Arbitration Agreements Between Employers and Employees
There has been much publicity recently regarding a series of states enacting state statutes intended to restrict or prohibit mandatory arbitration agreements in the employment context. The most recent such endeavor to be highly publicized is California’s A.B. 51, which … Continue reading
Posted in Arbitration, Arizona, California
| Tagged Arbitration, Employment Arbitration Agreements
Share this Article:
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 Arbitration, Employees, Employment Arbitration Agreements, NLRA, NLRB
Share this Article:
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 Arbitration, Class Action Waiver, Employment Arbitration Agreements
Share this Article:
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 Arbitration, Employment Arbitration Agreements, SCOTUS
Share this Article:
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 Arbitration, Employment Arbitration Agreements, Fifth Circuit, Modification, Signature, Signature Block, Signed
Share this Article:
California Legislature Takes A Strong Stance in Response to #Metoo Movement
The California legislature is looking to pass a host of bills aimed at decreasing sexual harassment in the workplace and increasing rights of victims of sexual harassment: SB 820 bans confidential settlement agreements in cases involving sexual assault, sexual harassment … Continue reading
Posted in California, Confidentiality, Discrimination
| Tagged Arbitration, Confidentiality Agreements, Department of Fair Employment and Housing, Employment Arbitration Agreements, Fair Employment and Housing Act, Federal Arbitration Act, Public Policy, Settlement Agreement, Sexual Harassment, Training
Share this Article:
Arbitration Agreement Contained in Employee Handbook and Signed During Pending Class Action Is Invalid
On April 20, 2018, the California Court of Appeal, in the case Nguyen v. Inter-Coast International Training, Inc., held that an arbitration agreement contained in an employee handbook was both procedurally and substantively unconscionable. In that case, after a wage … Continue reading
Posted in California, Class Action, Pay
| Tagged Agreement, Arbitration, California Court of Appeal, Employment Arbitration Agreements, Handbook, Policy, Unconscionable, Wage & Hour, Wage Discrimination, Wages
Share this Article: