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Showing posts with label alternative dispute resolution. Show all posts
Showing posts with label alternative dispute resolution. Show all posts
Tuesday, June 28, 2022

Federal appeals court rejects reliability of electronic signatures on employment agreements

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During a webinar I recently conducted on employee handbooks, someone asked me a question about the best practice between wet signatures vs. ...
Wednesday, February 16, 2022

A step in the right direction to ending workplace sexual harassment

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When is the last time you recall Congress agreeing on anything ? Well, it happened last week, when the Senate passed the  Ending Forced Arbi...
Tuesday, January 28, 2020

Ohio appellate court refuses to enforce employment arbitration agreement as “unconscionable”

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An agreement between an employer and its employees requires an employee to submit to “final and binding arbitration … any actual or allege...
Wednesday, June 1, 2016

7th Circuit surprises by siding with NLRB on arbitration agreements

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It’s been two and a half years since the 5th Circuit, in D.R. Horton , rebuked the NLRB’s prohibition on mandatory arbitration clauses. Si...
Tuesday, May 19, 2015

Some thoughts on arbitration agreements for employees

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Recently, the Cuyahoga County Court of Appeals stymied an attempt by an employer to enforce an arbitration agreement against an employee. Th...
Monday, March 19, 2012

The best time to settle a case

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I’ve long believed that the best time to settle a case is while summary judgment is pending. It’s when both sides have the most risk. The em...
Monday, January 9, 2012

NLRB trumps U.S. Supreme Court on class action arbitrations

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Last year, the U.S. Supreme Court, in AT&T Mobility v. Concepcion , held that a business could compel a group of individuals to waive th...
Thursday, September 1, 2011

Can a handbook policy bind an employee to arbitration? 6th Circuit says no.

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We spend a lot of time debating the respective merits of fine point of the law. The reality, however, is that judges are people too. Despite...
Monday, August 29, 2011

“May” I have another (lawsuit)? One word sinks employer’s efforts to force arbitration

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It’s no secret that I’m not a fan of arbitration of employment disputes. Conventional wisdom says that binding arbitration keeps down costs...
Tuesday, June 22, 2010

Do you know? Does mandatory arbitration of employment disputes work?

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Yesterday, in Rent-A-Center v. Jackson [pdf] the U.S. Supreme Court held that the issue of the enforceability of an arbitration agreement ...
Wednesday, June 16, 2010

The art of the apology

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Those who’ve been reading for awhile know that I grew up in Philadelphia. I am a proud survivor of the Philadelphia public school system. Wh...
Thursday, April 29, 2010

Do your employees really know what they are signing? Enforcing waivers of judicial rights

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In 2004, in Thurman v. DaimlerChrysler , the 6th Circuit upheld an employers right to contractually limit an employee’s timeframe to file a ...
Thursday, April 2, 2009

Think before having employees sign that arbitration agreement

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Yesterday, the Supreme Court issued its opinion in 14 Penn Plaza v. Pyett , which enforced a provision in a collective-bargaining agreement ...
Monday, March 31, 2008

Some alternatives to arbitration of employment claims

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Last week, the U.S. Supreme Court decided Hall Street v. Mattel , which held that the Federal Arbitration Act is the exclusive grounds for v...
Tuesday, November 13, 2007

Mmmmmmmm, arbitration clauses

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Arbitration clauses and their enforceability is not the most scintillating topic in the annals of employment law. So, I took some (but not ...
Tuesday, August 7, 2007

Arbitration Fairness Act would ban mandatory ADR of employment disputes

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Mandatory arbitration agreements have long been favored as a tool by employers to limit the risks associated with jury trials. If the Democ...