The 9th Circuit has held that the FAA preempts AB 51, which attempted to prohibit employers from requiring employees to waive, as a condition of employment, the right to litigate claims under the FEHA and the California Labor Code.
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.
The Human Rights Tribunal of Ontario recently addressed whether allegations made under the Human Rights Code fell within the exclusive jurisdiction of a labour arbitrator, or whether it had concurrent jurisdiction over employment-related matters.
On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration.
The United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana will dramatically impact employers’ rights to enforce arbitration agreements related to claims under California’s Private Attorneys General Act (PAGA).
The Employee and Retiree Access to Justice Act seeks to ban arbitration and discretionary clauses in employer-sponsored benefit plans governed by the Employee Retirement Income Security Act (ERISA).
Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the unionized workplace.
An arbitrator in British Columbia held that an employer rightfully terminated an employee who was ineligible for work for refusing to receive a COVID-19 vaccine despite a government order requiring it.
This week brings a significant change for employment arbitration, as both houses of Congress approved a bill, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445), which now heads to the White House.