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Connecticut appellate court reverses arbitration award that had reinstated nursing assistant, finding violation of public policy

Day Pitney LLP
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USA
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May 7 2013

Leoni Spence was a nursing assistant at Westport Health Care Center ("WHCC"), a residential nursing facility, from 2002 until her termination in

Second Circuit enforces arbitration agreement, denies existence of substantive “pattern-or-practice” claim

Day Pitney LLP
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USA
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March 29 2013

On March 21, 2013, in Parisi v. Goldman, Sachs & Co., the Second Circuit compelled arbitration of the plaintiffs' Title VII sex discrimination claims

Overtime collective action thrown out by judge

Day Pitney LLP
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USA
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March 6 2013

Judge Vincent Briccetti of the U.S. District Court in White Plains, New York, recently dismissed a purported collective action filed by Tiffany Ryan

Supreme Court reaffirms arbitrator’s autonomy over the interpretation of employment agreements

Day Pitney LLP
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USA
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December 21 2012

The United States Supreme Court recently reaffirmed a long-standing rule that an arbitrator must decide the validity of the terms contained in any

Court upholds arbitration provision in employment agreement

Day Pitney LLP
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USA
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July 31 2012

In Morando v. Netwrix Corporation, the United States District Court for the District of New Jersey upheld an arbitration provision in an employment contract by granting the employer’s motion to dismiss and compel arbitration

Court denies motion to compel arbitration filed three days before trial

Day Pitney LLP
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USA
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April 11 2012

In Cole v. Jersey City Medical Center, the New Jersey Appellate Division held that an employer is precluded from enforcing an arbitration provision in an employment contract because it waited until three days before trial to raise arbitration as a defense

New Jersey court compels arbitration of FMLA and NJLAD claims

Day Pitney LLP
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USA
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January 30 2012

The New Jersey Appellate Division recently affirmed the dismissal of a complaint by a former bank employee who claimed that she was discriminated against on the basis of her disability and need to take leave under the Family and Medical Leave Act (“FMLA”

Participation in litigation is not a waiver of arbitration

Day Pitney LLP
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USA
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January 30 2012

In Helfand v. CDI Corporation, the New Jersey Appellate Division held that an employer did not waive its right to arbitration even though it failed to notify the plaintiff of its intention to compel arbitration until seven months into a litigation

Arbitration agreements prohibiting class actions in all forums ruled unenforceable

Day Pitney LLP
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USA
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January 17 2012

The National Labor Relations Board (NLRB or the Board) recently ruled in D.R. Horton, Inc. and Michael Cuda that arbitration agreements that prohibit employees from asserting class actions in court and in arbitration violate the National Labor Relations Act (NLRA

Arbitration agreements may not waive employees’ rights to class action claims in all forums

Day Pitney LLP
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USA
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January 11 2012

The National Labor Relation Board (NLRB) recently ruled that employers may not require that employees, as a condition of their employment, sign arbitration agreements waiving their ability to assert class-actions in any forum

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