There has been a lot of movement in the legal landscape surrounding arbitration recently, and I mean a lot. These are not typically headline grabbing cases or laws, but for employers with arbitration agreements and dispute resolution programs in place, they signal the importance of regularly reviewing and updating these documents. Alternatively, for employers who …read more »
Shining the Light on Ambiguous Arbitration Agreements
We have previously analyzed employers’ ability to arbitrate class-wide claims on an individual basis, see here, but what happens if an arbitration agreement is ambiguous as to whether class arbitrations are permitted? The U.S. Supreme Court’s recent decision in Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407 (2019) provides guidance. In Lamps Plus, an …read more »
Can Companies Require the Arbitration of Disputes Brought By a Vendor’s Workers?
Both before and after the U.S. Supreme Court’s important recent decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018) holding that class action waivers in arbitration agreements are not precluded by federal labor law, many employers have implemented arbitration agreements with their employees specifying that employment disputes with the company must be …read more »
An EPIC Day for Employers Utilizing Arbitration Agreements
The United States Supreme Court recently issued a decision in Epic Systems Corporation v. Lewis, – S. Ct. –, 2018 WL 2292444 (2018) resolving a circuit split in favor of upholding employers’ ability to enforce arbitration agreements with employees requiring individualized proceedings. In each of the underlying consolidated cases below, employees sought to litigate Fair …read more »