Library Search
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Can New Jersey Employers Require its Employees to Arbitrate Discrimination Claims? ( April 2003 )
There has been a great deal of controversy between employees and employers regarding the enforceability of arbitration clauses in employment agreements, employee handbooks or job applications. This is especially true when litigating discrimination claims that are governed in New Jersey by the Law Against Discrimination ("NJLAD"), which creates arguably the most expansive statutory rights for employees. New Jersey has seen no shortage of litigation on this issue. -
Dispute Avoidance and Dispute Resolution in China ( November 2002 )
While conducting business in China, foreign companies occasionally find themselves embroiled in disputes with Chinese individuals, companies, or the Chinese Government. The number of cases involving the first two categories far exceeds those of the third. -
Ninth Circuit Removes Barrier to Enforcement of Arbitration Agreements with Employees ( September 2002 )
West Coast employers will have an easier time enforcing their employees' agreements to arbitrate discrimination claims under a Ninth Circuit decision that overturned a 1998 case that prevented many employers from arbitrating employee claims filed under discrimination statutes such as the Americans With Disabilities Act and Title VII of the 1964 Civil Rights Act. -
Texas Supreme Court Embraces Binding Arbitration in Employment Disputes ( June 2002 )
The Texas Supreme Court recently provided private sector employers some good news concerning mandatory arbitration programs. The Court's latest decision makes it clear that arbitration agreements are here to stay and that the Court is tired of continued, unfounded attacks on the enforceability of such agreements, especially in the employment context. -
California Supreme Court issues two important and long awaited decisions interpreting California's Unfair Competition Law ( September 2000 )
This article reviews the two recent decisions from the California Supreme Court interpreting California's unfair competition law. -
CA Decisions Clarify Enforceability of Arbitration Agreements ( October 2000 )
This article reviews Armendariz v. Foundation Health Psychcare Services whereby the California Supreme Court analyzed the enforceability of arbitration agreements and added a new criterion for determining whether arbitration agreements required as a condition of employment are enforceable. -
Sidley & Austin-Alternative Dispute Resolution ( July 2000 )
This alert reviews a 7th Circuit Court of Appeals decision whereby the court ruled that an arbitration clause in a franchise agreement did not cover a dispute between the franchisor and a member of the limited liability company which was the franchisee. In addition, this article discusses another 7th Circuit case which concluded that arbitrators exceeded their authority by deciding issues that were outside the arbitration agreement. -
Another Look at Remedies in Arbitration ( August 2000 )
It is widely recognized that arbitrators have broad authority to order any type of relief, even if the relief could. -
Governor Davis Signs MoreEmployment Laws To Take EffectJanuary 1, 2000 ( September 1999 )
This issue of Employment Law update discusses the following topics: California court rules on employee's refusal to sign arbitration agreement; California Supreme Court determines when supervisor's actions expose employers to punitive damages; federal court analyzes medical leave and reassignment as reasonable accommodation; and California court provides CFRA guidance.