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.
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.
Form U5 defamation cases are on the rise, with a reported 24% increase over the filing period from 2019 to 2020. Firms should take certain proactive steps to fully understand their duties, reduce risk, and avoid costly litigation.
The Oregon Supreme Court recently held that an arbitrator's award of attorney fees, approved by a court, cannot be categorically limited where a defendant’s offer of judgment exceeds plaintiff’s ultimate recovery at trial.
A California court recently took the unprecedented step of applying section 16600 of the state’s Business and Professions Code to void the scope of non-disclosure provisions on confidential information and set aside an arbitration award.
Parties involved with EEOC charges of employment discrimination filed in the past month may notice some new language on the EEOC portal: “For charges filed after July 6, 2020, you may request mediation at any time during the charge process.”
Companies that use third-party staffing vendors should take stock of a recent Fifth Circuit decision applying Texas law, which reinforces that both contract language, and keeping such language up-to-date, is critical for enforcing arbitration provisions.
The Seventh Circuit recently became the second federal appellate court to address whether notice of an FLSA collective action may be sent to individuals who allegedly entered into mutual arbitration agreements waiving their right to join the action.
On February 7, 2020, the U.S. District Court for the Eastern District of California issued an order supporting its injunction of Assembly Bill 51 (AB 51), an expansive anti-arbitration law scheduled to take effect on January 1, 2020.