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All articles tagged '"employment arbitration"'
33 articles found
NLRB Finds that Certain Arbitration Agreements Violate Federal Labor Law
By Victoria VanBuren - January 10, 2012
As the New York Times reports, the National Labor Relations Board (NLRB) ruled on January 3, 2012 that employers could not prevent workers from filing work-related class actions. This ruling will effectively make certain employment agreements that require workers to pursue all claims individually via arbitration null and void. The decision on D. R. Horton, Inc. and Michael Cuda, Case 12–CA–25764 is here and the NLRB press release is here. Stay tu
Employment Arbitration | Jones v. Halliburton
By Victoria VanBuren - January 5, 2012
Jamie Leigh Jones’ saga concluded in 2011. Initially, the issue in her case was a motion to compel arbitration of her tort claims filed by Halliburton. Jones was successful in resisting arbitration in the Fifth Circuit (September 2009). At trial, however, a Houston jury ruled in Halliburton’s favor (July, 2011). In 2009, Jones’ case prompted the U.S. Senate to pass the “Franken Amendment” to H.R. 3326, which bars fun
El Paso Court of Appeals Denies Motion to Compel Arbitration in Employment Case
By Victoria VanBuren - November 10, 2011
In Young Mens Christian Assoc. of Greater El Paso, Texas et al. v. Garcia, No. 08-11-00096-CV (Tex. App. – El Paso Oct. 26, 2011) Jose G. Garcia brought discrimination and retaliatory discharge action against Young Mens Christian Association of Greater El Paso, Texas and Rio Grande Valley, YMCA of Greater El Paso, YMCA of El Paso, and Fred & Maria Loya YMCA (collectively referred to as the “YMCA“), Garcia’s former empl
Judge Rules that Jamie Leigh Jones Must Pay Halliburton/KBR Court Costs
By Victoria VanBuren - October 7, 2011
As the Wall Street Journal reports, a federal judge in Houston has ordered claimant Jamie Leigh Jones to pay the court costs (nearly $150,000) for suing her former employer Halliburton/KBR. The judge, however, refused to award Halliburton/KBR the attorney’s fees (of over $2 million) the company recently requested. “The fact that Jones presented prima facie claims of sexual harassment and hostile work environment highlights the impropriety o
Jamie Leigh Jones v. Halliburton/KBR | Halliburton/KBR Sues Jones to Recover Attorneys’ Fees and Costs
By Victoria VanBuren - August 22, 2011
On August 17, 2011 the defendants in Jones v. Halliburton et al. filed two motions seeking to recover from Jamie Leigh Jones: (1) an undisclosed amount for attorneys’ fees [update: $2 million] and (2) the costs of the lawsuit [update: $140 K] brought by Jones. Jones had sued the defendants for negligence, negligent undertaking, sexual harassment and hostile environment under Title VII of the Civil rights Act of 1964, breach of contract, fra
N. D. of Texas Compels Arbitration in an Age and Race Employment Dispute
By Beth Graham - February 14, 2011
The Northern District of Texas has ordered binding arbitration in an age and race dispute with an at-will employee where an arbitration policy was implemented several years after employment began and the employee continued working after receiving notice of the policy. In Robertson v. U-Haul Co. of Texas, No. 3:10-CV-2058-D, (N. D. Tex., February 7, 2011), John Robertson sued U-Haul Co. of Texas (“U-Haul”) “for age and race discrimination under th
Article | The NLRA’s Legacy: Collective or Individual Dispute Resolution or Not?
By Beth Graham - January 11, 2011
Carrie Menkel-Meadow, A.B. Chettle, Jr. Professor of Dispute Resolution and Civil Procedure at Georgetown University Law Center and Chancellor’s Professor of Law at the University of California Irvine School of Law, recently published The NLRA’s Legacy: Collective or Individual Dispute Resolution or Not?, ABA Journal of Labor & Employment Law, October 19 2010; UC Irvine School of Law Legal Studies Research Paper No. 2010-28. In her arti
Article | ADR in Labor and Employment Law During the Past Quarter Century
By Beth Graham - November 3, 2010
An interesting article about alternative dispute resolution (ADR) in a labor and employment law context was recently published in the ABA Journal of Labor and Employment Law. In an article entitled “ADR in Labor and Employment Law During the Past Quarter Century,”25 ABA Journal of Labor & Employment Law 411 (Spring 2010), University of Michigan Professor Emeritus of Law Theodore J. St. Antoine discusses important decisions and developments si
Beaumont Court of Appeals Holds Arbitration Agreement Enforceable Despite “Biblical Scripture” Aspects
By Beth Graham - October 12, 2010
The Beaumont Court of Appeals has held that an arbitration agreement in an employment contract was valid and enforceable despite that the agreement included biblical scripture aspects and the parties failed to seek biblically based meditation prior to submitting their dispute to arbitration. In The Woodlands Christian Academy v. Weibust, 09-10-00010-CV, (Tex. App. – Beaumont, October 7, 2010), Monica Weibust brought claims against her former empl
Article | Writing Arbitration Clauses After Rent-A-Center, West
By Victoria VanBuren - August 19, 2010
Allan Dinkoff from Weil Gotshal & Manges LLP wrote an interesting piece discussing arbitration clauses after the U.S. Supreme Court ruling on Rent-A-Center, West. Dinkoff suggests writing two arbitration clauses in employment agreements: The lessons to employers and others is clear. The agreement to arbitrate should contain two separate clauses, which should be made clearly independent. The first clause should contain the agreement to arbitra
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