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.
International Arbitration Clauses Keep Trading Partners on Track
Beirne, Maynard & Parsons, L.L.P.
A Conroe-based designer and builder of electrical power plants has been contacted by a regional government entity to build a power plant in the Ukraine using local labor. While the project sounds lucrative, the prospect of labor strikes, corruption and red tape, delays, withdrawal of government approval and the ability to enforce breaches and delays raises concerns about the risks of the project.
Drug Testing Program Upheld For Job Applicants But Not For Current Employees
Cooley Godward Kronish LLP
This article concerns a recent decision by the California Supreme Court that details the rights and liabilities a employer may face when requiring mandatory drug testing.
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.
Ninth Circuit Holds Title VII Prohibits Compulsory Arbitration of Civil Rights Claims
This article concerns a California case which decided whether private employers can require their employees to arbitrate discrimination claims under Title VII, rather than take them to court.
Pre-Dispute Arbitration Agreements and Their Application to Statutory Discrimination Claims
Christopher A. Barreca of Paul, Hastings, Janofsky & Walker LLP
Pre-dispute arbitration agreements are those agreements between an employer and an employee that require an em.
Court of Appeals to Review Whether Pre-Hire Arbitration Agreements are Enforceable
Bodman LLP
The Michigan Court of Appeals has convened a special conflict panel to review the issue of whether pre-hire arbitra.
Steering Clear of the Runaway Jury
Ryan Griffitts of Thompson, Coe, Cousins & Irons, LLP
Over the last few years, courts have made it clear that they will allow employment-related disputes to be submitted to arbitration where the employer and employee have agreed to do so. However, arbitration does have its downsides. One alternative to arbitration agreements is a "jury waiver agreement."
California Federal Court Further Limit Arbitration of Employment Claims
Pillsbury Winthrop Shaw Pittman LLP
Duffield v. Robertson Stephens & Company, __ F.3d __ (9th Cir. May 8, 1998), and Davis v. LPK Corporation, (N.
Despite Strong Federal Policy in Favor, EEOC Takes Substantial Steps Against Arbitration of Federal Discrimination Claims
L. Julius M. Turman of Littler Mendelson, P.C.
This article summarizes the conflict with current EEOC and Federal policy in which the EEOC is taking substantial steps away from allowing employers to require mandatory arbitration for discrimination claims.
Revisiting Arbitration of Employment Discrimination Disputes--A Cost Efficient Method of Resolution?
Dykema Gossett PLLC
Employment litigation is on the rise. Current and former employees disgruntled with their termination, lack of pro.
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,.
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.
School District's Consideration of Late Grievance Waives Timelessness Defect
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
This case involved the termination of Scott McCarty, a maintenance employee who contended he was fired in retaliation for having filed a workers' compensation claim. Unfortunately, the Board agreed to hear his case on the merits. This gracious gesture resulted in an unintended waiver of the timeliness defect and fostered a corresponding lawsuit which the District will now have to defend.
CA Decisions Clarify Enforceability of Arbitration Agreements
Thomas H. Reilly and Christopher S. Andre of Arter & Hadden LLP
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.
NEW YORK UPDATE--Arbitration Agreements May Not Protect You From Punitive Damages
Lisa Mellas of White and Williams LLP
Under New York law, parties can enter into a written agreement to submit any controversy to arbitration, with the courts having jurisdiction to enforce the agreement and enter a judgment on an award.
Dispute Resolution In Mexico
Margaret M. Gatti of Gatti & Associates
(Article appeared in the 1998 North American Trade Guide) All Rights Reserved International business disputes .
Dispute Avoidance and Dispute Resolution in China
U.S. Department of Commerce
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.
Resolving Employment Disputes
Paul Jerome Richey of Buchanan Ingersoll & Rooney PC
INTRODUCTION This final chapter will address responding to and resolving employment disputes after the employee ha.
The Arbitration of International Technology Disputes Under the English Arbitration Act 1996[1]
Gary L. Benton of Coudert Brothers LLP
I. INTRODUCTION MANY INDUSTRIES have come to benefit from the unprecedented expansion of the global economy and.
Pre-Dispute Agreements to Arbitrate Statutory Discrimination Claims: Are Plaintiffs Gaining the Upper Hand?
Christopher A. Barreca of Paul, Hastings, Janofsky & Walker LLP
Pre-dispute arbitration agreements have again become a hot topic in the employment arena, not only because they pro.
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 .
MI Court of Appeals Rejects Prospective Arbitration Agreements Involving Civil Rights Claims
Dykema Gossett PLLC
In Heurtebise v Reliable Computers, Inc., (1994) the Michigan Court of Appeals ruled that, by placing mandatory arb.
Alternative Dispute Resolution Developments
Sidley Austin LLP
This article examines Kahn Lucas Lancaster, Inc. v. Lark International, Ltd. and KKW Enterprises, Inc. v. Gloria Jean's Gourmet Coffees.
Reading The Fine Print: Unhappy Consumers Not Necessarily Bound To Arbitration
Robert N. Rapp of Calfee, Halter & Griswold LLP
It is common today for consumer goods and services
purchase and financing agreements, and credit card
agreements, to include a provision requiring disputes
to be submitted to arbitration. These provisions identify
the arbitration forum in which the dispute will be
determined, and often spell out procedural requirements,
limitations and other aspects of the process.
Waging War Against Binding Arbitration: Will Trial Lawyers Win the Battle?
Erika Birg*
We all likely consume goods or services subject to standard contracts with vendors, contracts that we often do not even bother to read before we sign. Only when a problem with the vendor ? or the provided goods or services ? arises do we even pull the contract out (if we can find it) to peruse the promises and obligations
Designing an Arbitration Clause
Frank E. Riggs of Smith, Currie & Hancock LLP
When first introduced to the construction industry, arbitration was hailed as a light at the end of the frequently .
Fourth Circuit Upholds Arbitration Clause in Employee Handbook Acknowledgment Form
Duff, White & Turner, LLC
In O'Neil v. Hilton Head Hospital, the Fourth Circuit Court of Appeals (which reviews decisions of federal distric.
Arbitration-Domestic Commercial
Kenneth McEwan of Farris, Vaughan, Wills & Murphy
Recent authority in both Ontario and British Columbia has considered the enforceability of arbitration agreements to forestall intended class proceedings.
The "Separability Doctrine:" The Continuing Impact of Prima Paint in Georgia, Alabama, and the Eleventh Circuit
Ashby L. Kent of Burr & Forman LLP
The Alabama state law policies favoring judicial determination of "arbitrability" clearly conflict with the Eleventh Circuit's policy preferences favoring arbitration and its emphasis on the parties' presumptive assent. This conflict may be of particular interest in the construction context, in light of the numerous lawsuits brought under Alabama's harsh qualification statutes.
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.
Labor & Employment Update--April 1999
Brobeck Phleger & Harrison LLP
This update contains articles entitled: Is a job seeker with no disability protected from improper interview questions under the Americans with Disabilities Act; U.S. Supreme Court to decide when to award punitive damages for intentional job discrimination; Arbitration agreements under continued attack; and California daily overtime resurrectedÂchange in law likely.
High Technology Arbitration
Coudert Brothers LLP
Introduction Many industries have ridden the wave of unprecedented growth in international business in recen.
Bullet-Proofing Your International Arbitration: 6 Important factors your lawyer should consider when writing your contracts
Nicolas C. Ulmer of Winston & Strawn LLP
International traders inevitably encounter arbitration, or at least arbitration clauses. When all is said and done, commercial parties from one country will rarely agree to submit their disputes to the courts of their foreign commercial partners. Reprinted from World Trade Magazine, Copyright 2000.
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.
Things To Consider Before Including An Arbitration Clause In Your Contract
John S. Blackman of Farbstein & Blackman, APC.
[1This article is adapted from other articles by the author appearing in Lawyers' Mutual Insurance Company Bulletin.
Michigan's Franchise Law Arbitration Provision may be Unenforceable
Dykema Gossett PLLC
A recent federal appellate court decision casts doubt upon the validity of a provision in the Michigan Franchise In.
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.
Arizona Supreme Court Refuses to Enforce Arbitration Agreement Based on the Arizona Uniform Arbitration Act
Neil M. Alexander and J. Greg Coulter of Littler Mendelson, P.C.
In a surprise ruling, the Arizona Supreme Court has declined to enforce arbitration agreements made between an employer and its employees. The initial reading of the Court's ruling in North Valley Emergency Specialists v. Superior Court appears to be a significant blow to employers' ability to enforce arbitration agreements to resolve employment disputes. A detailed reading of the Court's decision, however, establishes that the ruling only addresses the application of the Arizona Uniform Arbitration Act ("AUAA") to arbitration agreements between employers and employees. The Court did not address the enforceability of those arbitration agreements based on Federal statute and common law. Consequently, the Court's narrow holding leaves employers with the ability to continue to enforcement arbitration agreements in Arizona.
National Employment Litigation & Policy Trends Continue To Raise Major Challenges For America's Corporate Employers
Shook, Hardy & Bacon L.L.P.
This Year In Review focuses on national employment litigation and policy trends that raise major challenges for AmericaÃÂs corporate employers. An understanding of these national trends will enable corporate counsel to address these developments in an effective manner.
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.
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.
Special Appellate Panel Hears Oral Arguments in Employment Arbitration Controversy
Dykema Gossett PLLC
A special panel of the Michigan Court of Appeals convened on June 1 to hear oral arguments in a proceeding to resol.
It's 11 AM. Do You Know Where Your Employees Are?: Effective Use Of Location-Based Technologies In The Workplace
Philip L. Gordon of Littler Mendelson, P.C.
Radio Frequency Identification (RFID), Global Positioning Systems (GPS), and Event Data Recorders (EDR) are all on the verge of becoming part of daily life -- outside the workplace. Wal-Mart, and other major corporations, including Proctor & Gamble, IBM, and United Parcel Service, are working towards the eventual replacement of the omnipresent barcode by RFID, a computer chip that transmits a unique radio signal identifier.
Employer Policy Changes: Notice By Email or Ink
Paul R. Mastrocola of Burns & Levinson LLP
An employer sends a company-wide email notifying employees about a new policy mandating arbitration of employment disputes. Later, an employee files a lawsuit in Court claiming that he was wrongfully terminated by the company because of a disability. The Court denies the employer?s request that the former employee should be required to arbitrate his claim according to the new policy, and allows the lawsuit to proceed in Court.
Domestic Commercial Arbitration in Canada
James Kenneth McEwan of Farris, Vaughan, Wills & Murphy
Recent authority in both Ontario and British Columbia has considered the enforceability of arbitration agreements to forestall intended class proceedings.
Waffling Circuits: Workplace ADR After Circuit City and Waffle House
Francis T. Coleman*
From a legal standpoint, alternate dispute resolution ("ADR") agreements in the workplace have exhilarated HR and employment law.
Can New Jersey Employers Require its Employees to Arbitrate Discrimination Claims?
Michael Osborne of Stark & Stark
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.
Cross-Border Intellectual Property Disputes: Should My Company Use International Arbitration?
Gary L. Benton of Pillsbury Winthrop Shaw Pittman LLP
Cross-border intellectual property disputes present unique challenges. Many companies in the technology, publishing.
Sidley & Austin-Alternative Dispute Resolution
Sidley Austin LLP
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.
The Increase in Adversarial Proceedings Between Energy Companies
Brit T. Brown of Beirne, Maynard & Parsons, L.L.P.
When it comes to how energy companies treat one another, a change is in the wind. Energy companies have become more willing than ever to instigate adversarial proceedings in order to recoup damages, even against fellow industry members. The trend is partially facilitated by an increasing reliance on alternative dispute resolution (ADR), including, for example, arbitration procedures incorporating expedited schedules. The numerous mergers and acquisitions among industry members have also contributed to this change in industry culture.
Mandatory Arbitration of Employment Dispute Upheld
David Edwards of White and Williams LLP
The substantial increase in lawsuits by disgruntled employees and former employees is forcing employers to look for.
Protecting the Right to Prehearing Discovery in Arbitration of International Construction Disputes
Coudert Brothers LLP
Construction disputes often turn on detailed factual points, the evidence of which may be primarily in the hands o.
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.
Courts Beginning to Reverse Position, Reject Employers' Arbitration Provisions
Dykema Gossett PLLC
Recent decisions in Michigan and other jurisdictions suggest that courts may be backing away from enforcing so cal.
Findlaw Interview with Mark Jansen of Townsend and Townsend and Crew
FindLaw M V
Mark Jansen is a partner in Townsend and Townsend and Crew LLP's San Francisco office. He is a trial attorney whose practice includes antitrust, unfair business practice, business tort, intellectual property and other business dispute litigation. He recently prevailed in the case of POWERAGENT INC. v. ELECTRONIC DATA for his client, Electronic Data Systems, and discussed the case with FindLaw.
Divided Supreme Courts Decide Bazzle v. Green Tree: Lack of Clarity in Decision Requires Caution in Dealing with Arbitration and Class Actions
David H. Gibbs of Nixon Peabody LLP
The Supreme Court in a divided 4-3 - 1-1 decision reversed the decision of the South Carolina Supreme Court in Green Tree Financial Corp. v. Bazzle to allow class actions in arbitrations when the agreement between the parties was silent on the issue. The Court remanded the case for consideration by the arbitrator of the parties' intent concerning the availability of class actions in arbitration proceedings.
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.
The Increase in Adversarial Proceedings Between Energy Companies
Brit T. Brown of Beirne, Maynard & Parsons, L.L.P.
When it comes to how energy companies treat one another, a change is in the wind. Energy companies have become more willing than ever to instigate adversarial proceedings in order to recoup damages, even against fellow industry members. The trend is partially facilitated by an increasing reliance on alternative dispute resolution (ADR), including, for example, arbitration procedures incorporating expedited schedules. The numerous mergers and acquisitions among industry members have also contributed to this change in industry culture
New Zealand Updates Arbitration Act
Coudert Brothers LLP
New Zealand updated its 1908 Arbitration Act as of July 1997. The new law makes disputes concerning any agreements.
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.
Mandatory Arbitration: A Growing Concern for Employees
Our present legal system was built upon a foundation of certain rights and remedies. The most basic and important .
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.
Employer-Mandated ADR Programs Come Under Attack
Cooley Godward Kronish LLP
This article concerns recent court decisions that effect an employers need to carefully reassess their programs requiring mandatory arbitration of employment claims.
Texas Supreme Court Embraces Binding Arbitration in Employment Disputes
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
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.