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Employment Disputes
Contracting Jurisdiction: Arbitration of Noncompetition Disputes in Employment Agreements
By Beth Graham - October 30, 2019
Brian Farkas, Adjunct Professor of Law at Cardozo School of Law, has published, “Contracting Jurisdiction: Arbitration of Noncompetition Disputes in Employment Agreements,” New York University Journal of Law and Business, Vol. 15, No. 3, 2019.
Fifth Circuit Holds Class Arbitration is a Gateway Issue for the Courts to Decide
By Beth Graham - August 9, 2019
The United States Court of Appeals for the Fifth Circuit has issued an opinion holding the issue of class arbitration is a gateway matter for the courts to decide.
Fifth Circuit Overturns W.D. Texas Order Compelling Arbitration in FLSA Case
By Beth Graham - July 10, 2019
The nation’s Fifth Circuit Court of Appeals has reversed a Texas federal court’s order compelling an at-will employee to arbitrate a pay dispute with her employer.
SCOTUS Holds Class Arbitration Must be Explicitly Provided for in Agreement
By Beth Graham - April 25, 2019
Yesterday, the Supreme Court of the United States issued a decision holding class arbitration is not permitted in situations where an agreement to arbitrate is silent on the issue.
New Jersey Law Attempts to Bar Pre-Dispute Arbitration Clauses in Workplace Sexual Harassment Cases
By Beth Graham - March 25, 2019
Last week, New Jersey Governor Phil Murphy signed a bill that may be an attempt to ban pre-dispute arbitration agreements for workplace sexual harassment and discrimination claims.
Proposed Federal Laws Would Bar Certain Mandatory Pre-Dispute Arbitration and Class Waiver Agreements
By Beth Graham - March 11, 2019
On February 28th, Georgia Representative Hank Johnson and Connecticut Senator Richard Blumenthal introduced legislation that would prohibit pre-dispute mandatory arbitration clauses in employment, consumer, antitrust, and civil rights cases, but allow parties to agree to arbitration in the event a dispute arises.
Fifth Circuit Holds Employers Are Not Required to Notify Workers Who Signed Individual Arbitration Agreements of Pending FLSA Class Litigation
By Beth Graham - February 26, 2019
The United States Court of Appeals for the Fifth Circuit has ruled a federal district court committed error when it ordered JPMorgan Chase Bank to notify thousands of current and former employees who signed an arbitration agreement waiving their right to engage in collective action against the company about a pending class action case.
Tech Giant Google to End Mandatory Arbitration for Employees
By Kyle Bailey and Beth Graham - February 22, 2019
Multinational technology company Google has reportedly announced it will no longer require mandatory arbitration of employee disputes with the company effective March 21, 2019.
Fifth Circuit Reverses Arbitrator’s Ruling in Southwest Airlines Labor Dispute
By Beth Graham - February 5, 2019
The United States Court of Appeals for the Fifth Circuit has overturned an arbitrator’s ruling in a labor dispute that was filed against Texas-based Southwest Airlines.
SCOTUS Holds FAA’s Transportation Worker Exception Applies to Independent Contractors
By Beth Graham - January 18, 2019
The Supreme Court of the United States has issued an opinion stating a court must decide whether one of the exemptions included in Section 1 of the Federal Arbitration Act (“FAA”) applies to a case prior to ordering the dispute to arbitration even if a valid delegation clause exists.
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