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As courts continue to work out the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), the California Court of Appeal in two decisions held [...]

Duane Morris Takeaways: On July 19, 2024, in Lopez v. Aircraft Service International, Inc., Case No. 23-55015 (9th Cir. July 19, 2024), the U.S. Court of Appeals for the Ninth [...]

Courts are finding more workers who do not physically transport goods or people across state lines to be transportation workers exempt from arbitrating their claims under the Federal Arbitration Act [...]

By almost any measure, 2024 is a memorable year for employment and labor law - and it's only halfway done. Our timely report, Mid-Year 2024: Now + Next, takes a [...]

A recent Employment Tribunal decision highlights the costly pitfalls for unionised employers bypassing collective bargaining by making direct offers to employees. Employers are prohibited from making offers to workers who [...]

Le 21 juin 2024, la Cour suprême du Canada a rendu une décision attendue depuis longtemps qui apporte des éclaircissements sur le rôle des arbitres en droit du travail dans [...]

Recently, the Second Circuit became the latest circuit refusing to enforce individual arbitration of an ERISA class action, joining the Third, Seventh, and Tenth Circuits. The Ninth Circuit, by contrast, [...]

On March 12, 2024, the Ninth Circuit published a decision in Ortiz v. Randstad Inhouse Services, LLC, holding that the Plaintiff Adan Ortiz ('Plaintiff') qualified as a 'transportation worker' under [...]

Bottom Line In Ontario Power Generation v. Power Workers' Union, an arbitrator held that taking a diving course during working hours was union business for a union steward who represented [...]

The FAA preempts California's Code of Civil Procedure section 1281.97, which requires employers to pay arbitration fees within 30 days of the due date or return the case to court, [...]

Seyfarth Synopsis: The Second Circuit recently ruled that an ERISA plan's arbitration provision was not enforceable because the provision barred plan-wide relief. Cedeno v. Sasson, 2024 WL 1895053 (2d Cir. [...]

Employers must stay informed about the implications of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) and its impact on workplace policies. A case before the [...]

On May 16, 2024, the United States Supreme Court unanimously held that, when enforcing an arbitration clause subject to the Federal Arbitration Act (FAA), if any party requests a stay, [...]

Seattle, Wash. (May 23, 2024) - In a ruling favorable to employers, an appellate court in Washington issued an opinion holding that two healthcare facilities can compel an independent contractor [...]

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) gives an employee the option of bringing claims related to sexual assault or harassment in court instead of [...]

Listen to this post On May 8, 2024, the National Labor Relations Board ('Board') issued a decision reversing a 2021 decision the Board previously vacated after former Board Member William [...]

A recent unpublished California Court of Appeal decision, Hegemier v. A Better Life Recovery LLC, Cal. Ct. App., 4th Dist., No. G061892, demonstrates the potential consequence of drafting an arbitration [...]

Byline: [CREDIT]THE CANADIAN PRESS SCOTTSDALE, ARIZ. -- Toronto Blue Jays slugger Vladimir Guerrero Jr. won his arbitration case on Wednesday and will receive a salary of US$19.9-million this season. Several [...]

The Singapore Court of Appeal has refused confidentiality orders in relation to arbitration enforcement proceedings because the confidentiality of the underlying arbitration had already been lost. The court relied on [...]

A recent labour arbitration decision in Service Employees International Union, Local 1 Canada v Evergreen Retirement Community illustrated the finality of settlements made between parties to a legal dispute. The [...]

On April 19, 2023, the California Court of Appeal held that an employer's arbitration agreement was unenforceable because of unconscionable terms found in other documents provided to employees during the [...]

In a recent Court of Appeal for Ontario motion decision in Goberdahn v Knights of Columbus, 2023 ONCA 269, Justice Nordheimer dismissed a request for leave to file a five-page [...]

In yet another chapter of the saga involving California and its treatment of employment arbitration agreements, a Court of Appeals recently issued two decisions examining the state's legal standard for [...]

A putative federal class action brought on behalf of delivery drivers asserting invasion of privacy and wiretapping claims against a global e-commerce company survived an interlocutory appeal last week. The [...]

Seyfarth's Wage Hour Litigation practice group is excited to share this inaugural post in our new series, PAGA Paraphrased. The everchanging world of PAGA is full of verbose opinions, unwieldy [...]

Copyright: Radio Personality's Right-of-Publicity Claims Preempted by Copyright Act, Second Circuit Holds In Melendez v. Sirius XM Radio, the US Court of Appeals for the Second Circuit recently addressed the [...]

Delaware Court of Chancery Holds Buzzfeed Not Bound by Pre-SPAC Merger Employment Agreements; Mistrial Declared in Fannie Mae, Freddie Mac Net Worth Sweep Suit After Jury Deadlock; District of Massachusetts [...]

Seyfarth Synopsis: In 2013, Yvonne Cardwell, a dishwasher at a Whataburger in El Paso, Texas, was injured when a heavy object fell off of a top shelf and hit her [...]

Seyfarth Synopsis: On June 15, 2022, in Viking River Cruises v. Moriana, the United States Supreme Court ruled that individual claims under the California Private Attorneys General Act ('PAGA') can [...]

Arbitration: Federal Court Enforces Arbitration Clauses That Require Arbitrators to Decide Questions of Arbitrability In Micheli & Shel, LLC v. Grubhub, Inc, et al., the US District Court for the [...]

Bottom Line In Unifor Local 973 v Coca-Cola Canada Bottling Limited, 2022 CanLII 20322 (ON LA), an Ontario arbitrator dismissed a policy grievance that challenged an employer's mandatory COVID-19 vaccination [...]

In Unifor Local 973 v Coca-Cola Canada Bottling Limited, 2022 CanLII 20322, Arbitrator Mark Wright made another contribution to the 'weight of authority' in Ontario labour arbitration awards pertaining to [...]

An employer's arbitration agreement was both procedurally and substantively unconscionable, a California appellate panel determined, affirming a trial court's denial of an employer's motion to compel arbitration. Anthony De Leon [...]

In a recently released arbitration award, Arbitrator Misra held that a mandatory vaccination policy, which included the right of the Employer to terminate employees who refused to comply, was unreasonable [...]

The Supreme Court in the Horrocks Decision Provides Much Needed Guidance when Labour Arbitrators Have Exclusive Jurisdiction Over Human Rights Complaints in a Unionized Workplace Introduction: The Supreme Court of [...]

In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175,1 the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed [...]

As previously reported, Ontario labour arbitrators have found that attending work in breach of employer COVID-19 ('COVID') protocols and/or lying during employer COVID screening is serious misconduct that can lead [...]

An employee who brought suit against his employer for multiple Labor Code violations was not held to the provisions of an arbitration agreement as several terms were skewed in favor [...]

The Supreme Court of Canada (the SCC) in Northern Regional Health Authority v. Horrocks, 2021 SCC 42, has clarified that where a collective agreement provides a labour arbitrator with exclusive [...]

The application of zero tolerance policies has become something that employers, particularly in work environments that require the utmost safety compliance, use to ensure that safety standards are adhered to. [...]

On October 22, 2021, the Supreme Court issued a decision in the Horrocks case1 regarding the respective jurisdictions of labour arbitrators and human rights tribunals. Although the original decision was [...]

In Northern Regional Health Authority v Horrocks, 2021 SCC 42 [Horrocks], the Supreme Court of Canada (the 'SCC') determined that where labour legislation provides for the final settlement of disputes [...]

On November 12, 2021, in Ontario Power Generation and The Power Worker Union (OPG), Arbitrator John C. Murray considered issues relating to a Vaccinate or Test Policy (Policy) that provided, [...]

On November 12, 2021, in Ontario Power Generation and The Power Worker Union (OPG), Arbitrator John C. Murray considered issues relating to a Vaccinate or Test Policy (Policy) that provided, [...]

In Aponte Valentín v. Pfizer Pharmaceuticals, CC-2018-748,1 the Puerto Rico Supreme Court reinforced the strong public policy favoring arbitration agreements in Puerto Rico, validating continued employment as implicit consent for [...]

On October 22, 2021, the Supreme Court of Canada released its decision in Northern Regional Health Authority v Horrocks, 2021 SCC 42 [Horrocks]. The issue before the Court was whether [...]

On Sept. 10, the U.S. Court of Appeals for the Seventh Circuit ruled in Smith v. Board of Directors of Triad Manufacturing Inc. that an employee stock ownership plan's arbitration [...]