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Results: 1-10 of 37

The Supreme Court’s denial of certiorari in Iskanian only hardens the federal-state divide over PAGA claims

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 21 2015

The divide continues between California and federal law on whether an arbitration agreement can entirely waive an employee’s ability to seek

Collective-bargaining agreement may require employees to arbitrate age discrimination claims, Supreme Court rules

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • April 15 2009

On April 1, 2009, in the 5-4 decision 14 Penn Plaza LLC v. Pyett, the United States Supreme Court held that a provision in a collective-bargaining agreement requiring union members to arbitrate age discrimination claims is enforceable

Does D.R. Horton apply arbitration agreements without a class action waiver?

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • February 6 2014

Our sister blog, Employment Law Spotlight, recently reported on the decision of an NLRB administrative law judge regarding the legality of an

Employer's unilateral right to modify employee handbook invalidates employee dispute arbitration agreement

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • February 19 2009

A Texas Court of Appeals recently held that an employer's arbitration policy was unenforceable because the policy was conditioned upon an illusory promise

New case regarding enforceability of arbitration agreements

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 3 2008

California employers may not rely upon provisions in employee handbooks, referring to the signing of an arbitration agreement as a condition of employment, as evidence that an employee is bound to arbitrate employment-related disputes

Sixth Circuit holds that duty to arbitrate survives expiration of employment contract, requires individual arbitration

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • March 28 2014

With the Supreme Court having issued a series of decisions overruling many of the roadblocks to the enforcement of arbitration agreements in the

D.R. Horton on steroids: NLRB invalidates arbitration agreement without class waiver

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 28 2014

As reported previously here, the National Labor Relations Board ("NLRB" or the "Board") in D.R. Horton, Inc., 357 NLRB No. 184 (2012), held that

Age discrimination claims under Ohio law may be barred by internal grievance process

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • June 8 2009

On June 2, 2009, the Ohio Supreme Court held that an age discrimination claim filed by a former employee of United Parcel Systems ("UPS") was barred because an earlier internal "arbitration" proceeding found that the employee had been terminated for just cause

When does "silence" become "implicit" agreement? The saga of Jock v. Sterling Jewelers, Inc.

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 11 2011

A recent Second Circuit decision has renewed the debate over when silence in an arbitration agreement can form the basis for class proceeding

The possible price of inaction following Concepcion

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 17 2011

The practical impact of AT&T Mobility v. Concepcion is already starting to become apparent