The Seventh Circuit recently clarified that courts should determine whether an arbitration agreement provides for or permits class-action claims. The decision in Herrington v. Waterstone Mortgage Corp. is instructive on many levels, not the least of which is its clarity.
Continue Reading From The Seventh Circuit: Class Arbitration Determination Is For Courts
Sixth Circuit Upholds Mandatory Arbitration Of FLSA Claims
In August, the United States Court of Appeals for the Sixth Circuit (covering Kentucky, Michigan, Ohio and Tennessee) upheld an arbitration agreement that required individual arbitration of claims under the federal Fair Labor Standards Act (FLSA). The Court’s decision is in line with the United States Supreme Court’s decision in Epic Systems Corp. v. Lewis.
Continue Reading Sixth Circuit Upholds Mandatory Arbitration Of FLSA Claims
New Episode: Employment Arbitration Agreements With Class Action Waivers Are Enforceable
In our latest episode, listen to partners Arthur Rooney and Mike Brewer discuss the recent decision from the US Supreme Court regarding class action waivers in arbitration agreements.
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Employment Arbitration Agreements With Class Action Waivers Are Enforceable
But Are They Right for Your Workforce?
The US Supreme Court issued a highly anticipated decision on May 21, 2018 in Epic Systems Corp. v. Lewis, holding that class action waivers in arbitration agreements are fully enforceable, notwithstanding the right to engage in concerted activity under the National Labor Relations Act.
Although employers now
US Supreme Court Affirms Employer Use Of Class Action Waivers In Arbitration Agreements
Welcome news for employers: companies can require their workers go through arbitration to pursue any legal claims against their employers, rather than go to court or join together in class lawsuits or grievances, the US Supreme Court held today in a 5-4 vote.
Writing for the majority in three consolidated cases (Epic Systems
#MeToo Breaks Silence, Legislators Follow: Arbitration Agreements
The use of mandatory employment arbitration agreements has long been the subject of debate, but the controversy has intensified since the inception of the #MeToo movement. Some legislators believe that mandatory arbitration of sexual harassment claims silences harassment victims and perpetuates harassment.
Continue Reading #MeToo Breaks Silence, Legislators Follow: Arbitration Agreements