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Supreme Court Continues Sanctions Litigation Against the EEOC
  • Baker & Hostetler LLP
  • USA
  • May 19 2016

A slap in the face, maybe, after 11 years Back in 2005, a prospective driver for a trucking company filed a charge with the EEOC contending that two


Collado v. J & G Transport, Inc. - When a Waived Right to Arbitrate is Revived
  • Baker & Hostetler LLP
  • USA
  • April 26 2016

Some may have thought that once waived, the right to arbitrate is gone forever. No so! The Eleventh Circuit decision in Collado v. J & G Transport


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


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


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


Second Circuit declines en banc review in AMEX arbitration agreement case: a Donnybrook over class action waivers and vindication of federal statutory rights
  • Baker & Hostetler LLP
  • USA
  • June 5 2012

On February 1, 2012, a two-judge panel of the Second Circuit reaffirmed its holding in an antitrust action brought against American Express (“AMEX”) that class action waivers involving federal statutory rights were unenforceable


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


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


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


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