The Plot Thickens -- A Post Duffield Update on Pre-Dispute Arbitration Agreements and Statutory Discrimination Claims
Paul C. Marazita of Paul, Hastings, Janofsky & Walker LLP
The May 1998 issue of Workforce included an article entitled "Pre-Dispute Arbitration Agreements and Their Applica.
Arbitration Clauses in Employment Disputes: Staying Out of Court
Ernest C. Moore
This discusses need for arbitration clauses in employment contracts to help curtail rising employment litigation contacts.
Arbitration Of Employment Claims
Bodman LLP
The enforceability of arbitration agreements as they apply to employment discrimination claims received attention i.
California Supreme Court issues two important and long awaited decisions interpreting California's Unfair Competition Law
George S. Howard of Pillsbury Winthrop Shaw Pittman LLP
This article reviews the two recent decisions from the California Supreme Court interpreting California's unfair competition law.
Enforcement of Pre-Dispute Arbitration Agreements
Thomas P. Brady of Brady, Hathaway, Brady & Bretz, P.C.
The enforcement of pre-dispute agreements to arbitrate civil rights claims is one of the most hotly contested issue.
Employment Law Group Update: Ninth Circuit Says Federal Arbitration Act Does Not Apply to Employment Contracts
Wilson Sonsini Goodrich & Rosati
This update discusses the Ninth Circuit's opinion in Craft v. Campbell Soup Co., in which the court held that the Federal Arbitration Act ("FAA") does not apply to employment contracts or collective bargaining agreements.
Enforceability of Agreements to Arbitrate Employment Disputes
Smith, Currie & Hancock LLP
Due to the explosion of civil litigation and administrative charges against employers, it is not surprising that al.
Ninth Circuit Removes Barrier to Enforcement of Arbitration Agreements with Employees
Michael Porter of Miller Nash LLP
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.
Arbitration Clause May Prevent Private Suit
Paul, Hastings, Janofsky & Walker LLP
The United States Supreme Court has granted certiorari to address the issue of "whether a general arbitration clause in a collective bargaining contract bars an employee covered by the contract from filing his own lawsuit under a federal anti-discrimination statute.
Fraud in the Execution Voids Collective Bargaining Agreement
Stefanie K. Longhofer of Honigman Miller Schwartz and Cohn LLP
Plaintiff union pension funds ("Funds") sued Nyeholt Steel ("Nyeholt"), a 15-employee steel fabricator and erector,.
Washington Supreme Court Orders Employer to Pay Union's Attorney Fees in Washington Arbitration
Frank Van Dusen of Miller Nash LLP
The Washington Supreme Court ruled in a 5-4 decision that employers must pay for the union's attorney fees when an arbitrator awards union members back pay. In upholding the trial court and a Washington Court of Appeals decision, the state's highest court said that the Washington Wage Claim Statute requires the award of attorney fees to the union's attorney after the arbitrator overturned the City of Everett's one-day suspension of two employees.
Recent Developments in Arbitration of Employment Disputes:
David Eugene Dubberly of Duff, White & Turner, LLC
Fourth Circuit Takes Leading Role The U.S. Court of Appeals for the Fourth Circuit has taken a leading role .
Court Refuses To Compel Mandatory Arbitration of Sexual Harassment Claim against Hooters Restaurant Chain
Duff, White & Turner, LLC
Despite the courts' general acceptance of even-handed and properly adopted mandatory arbitration policies, a feder.
The Plot Thickens -- A Post- Duffield Update On Pre-Dispute Arbitration Agreements And Statutory Discrimination Claims
Paul C. Marazita of Paul, Hastings, Janofsky & Walker LLP
The May 1998 issue of Workforce included an article entitled "Pre-Dispute Arbitration Agreements and Their Applica.
Effect of Assumption, Rejection or Non-Rejection of Collective Bargaining Agreements in Bankruptcy
Michael H. Reed of Pepper Hamilton LLP
This article examines several cases featuring the assumption, rejection or non-rejection of collective bargaining agreements in bankruptcy cases.
When Should Employers Hire an Attorney?
Anna Elento-Sneed
This article discusses the need for employers to hire management attorneys to assist them in their dealings with employees.
California Employment Agreements in Jeopardy: Mandatory Arbitration Agreement Presumed Unconscionable
William J. Emanuel,Robert Louis Ford,Patricia A. Kinaga,Allison R. Michael and Sue J. Stott of Jones Day
The Ninth Circuit, long hostile to arbitration provisions in employment agreements, has found an employer's form arbitration agreement "presumptively unconscionable" under California contract law.
Arbitration Agreements
Songstad & Randall
The enforceability of agreements to arbitrate employment disputes remains an open question.