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Arbitration clause in employment agreement found enforceable notwithstanding the invalidity of a “no appeal” clause

Jorden Burt LLP
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USA
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September 7 2009

The plaintiff sued the successor corporation of his former employer in state court alleging claims arising from the termination of his employment

Arbitration agreement: avoiding illegal agreements

Dorsey & Whitney LLP
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USA
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June 8 2007

The Ninth Circuit recently cautioned employers attempting to enforce “take it or leave it” mandatory employment arbitration agreements

Third Circuit affirms enforcement of arbitration award

Jorden Burt LLP
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USA
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February 4 2009

United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union (“United”) brought an action in the Western District of Pennsylvania to enforce an arbitration award directing Neville Chemical Company to reinstate and make whole an employee it had improperly discharged

Employees must arbitrate discrimination claims only if arbitration agreement states clear intention

Seyfarth Shaw LLP
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USA
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September 22 2009

In Warfield v. Beth Israel Deaconess Medical Center, Inc., the Massachusetts Supreme Judicial Court (SJC) held that an employment contract purporting to waive or limit an employee’s rights under the Massachusetts anti-discrimination statute is enforceable only if the intent to do so is stated in “clear and unmistakable terms.”

SJC holds anti-discrimination policy trumps deference to labor arbitrators’ decisions

Seyfarth Shaw LLP
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USA
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September 22 2009

In Massachusetts Bay Transportation Authority (MBTA) v. Boston Carmen’s Union, Local 589, the SJC reviewed two separate arbitration awards and held that a public employer may act contrary to the terms of a collective bargaining agreement (CBA) in order to remedy illegal discrimination

Supreme Court roundup

Kramer Levin Naftalis & Frankel LLP
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USA
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April 24 2008

The current United States Supreme Court term is a watershed for employment law jurisprudence

US Supreme Court closes off an avenue to challenge flawed arbitration decisions

Edwards Wildman Palmer LLP
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USA
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April 17 2008

As employers with a mandatory arbitration program gain experience arbitrating employment law claims, they have not only enjoyed arbitration’s potent advantages, such as reduced cost and quicker conflict resolution, but also endured some of its disadvantages

Supreme Court upholds CBA arbitration clause for age discrimination claims

Gardere Wynne Sewell LLP
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USA
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May 27 2009

On April 1, 2009, in a victory for unionized employers, the Supreme Court upheld an arbitration clause in a collective bargaining agreement (CBA) requiring employees to arbitrate ADEA claims

Sexual assault of an employee by a restaurant manager cannot be arbitrated

Masuda Funai Eifert & Mitchell Ltd
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USA
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July 30 2007

The Mississippi Supreme Court held that sexual assault and rape of a teenage employee by a restaurant manager at their work site does not fall with the scope of the employee’s employment and thus the employer, Captain D’s, could not arbitrate the employee’s claims against Captain D’s for negligent hiring, supervision, and retention of the alleged perpetrator-manager

New legislation

Herbert Smith Freehills LLP
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United Kingdom
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February 6 2009

Transitional arrangements have been published for the statutory procedures on discipline and grievance and the Acas Code replacing them from 6 April 2009

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Search results

Arbitration clause in employment agreement found enforceable notwithstanding the invalidity of a “no appeal” clause

Arbitration agreement: avoiding illegal agreements

Third Circuit affirms enforcement of arbitration award

Employees must arbitrate discrimination claims only if arbitration agreement states clear intention

SJC holds anti-discrimination policy trumps deference to labor arbitrators’ decisions

Supreme Court roundup

US Supreme Court closes off an avenue to challenge flawed arbitration decisions

Supreme Court upholds CBA arbitration clause for age discrimination claims

Sexual assault of an employee by a restaurant manager cannot be arbitrated

New legislation

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