Your search returned 105 results.

ASAP
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May 19, 2022

Congress Considers Banning Discretionary Clauses in ERISA Plans

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).

Insight
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April 27, 2022

Canada: Key Trends in Arbitration Awards Pertaining to Mandatory COVID-19 Vaccination Policies

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.

Insight
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April 13, 2022

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

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.

ASAP
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February 11, 2022

Congress Passes Bipartisan Arbitration Limitation

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.

Insight
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November 12, 2021

Ontario, Canada: Arbitrator Upholds Mandatory COVID-19 Vaccination Policy

An Ontario arbitrator recently dismissed a union’s policy grievance and upheld a mandatory COVID-19 vaccination policy on the grounds that it was reasonable and did not breach the collective agreement.

ASAP
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November 12, 2021

Supreme Court of Puerto Rico Validates Implicit Consent for Arbitration Agreements in the Employment Context

The Puerto Rico Supreme Court has reinforced the strong public policy favoring arbitration agreements in Puerto Rico, validating continued employment as implicit consent for such agreements.

Insight
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June 2, 2021

Are ERISA Breach of Fiduciary Duty Claims Arbitrable?

Over the years, attempts to arbitrate breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2) have had varying results.

ASAP
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May 27, 2021

Fourth Circuit Finds Waiver of Appellate Review of Arbitration Enforceable

In a matter of first impression, the Fourth Circuit recently held that appellate waivers in arbitration agreements are enforceable as long as the agreement allows an initial review by the district court.

Insight
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April 1, 2021

Federal Court Applies FAA Preemption in Refusing to Enforce New Jersey’s Ban on Mandatory Arbitration of Discrimination, Retaliation and Harassment Claims

As employers and employees alike continue to monitor and watch the landscape of alternative dispute resolution as a viable option (or not) in New Jersey, an important federal court decision was recently handed down.

Insight
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March 29, 2021

Canada: Ontario Superior Court Holds Labour Arbitrator Has Exclusive Jurisdiction to Resolve Dispute Relating to Workplace Violence and Harassment

The Ontario Superior Court of Justice has held that when a claim for workplace sexual harassment and workplace sexual assault “arises under the collective agreement,” a labour arbitrator has exclusive jurisdiction to resolve it under s.48(1) of the OLRA.

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