Complex cases can present difficult legal issues but may also illuminate how courts evaluate questions such as when a party has waived its right to arbitrate. This is true regardless of the type of claims presented because the analytical framework spans diverse areas of law. District Judge Allison D. Burroughs’ recent Memorandum and Order addresses arbitrability issues and waiver of the right to seek arbitration in a detailed fashion. In re: Intuniv Antitrust Litigation, Case No. 1:16-cv-12653-ADB, (D. Mass.), originally decided Jan. 29, 2021, but filed Feb. 11, 2021.
Read moreFederal Labor Authority Restores Dispute Resolution Office
The Federal Labor Relations Authority on Wednesday announced that it is re-establishing an office that historically has been used to help settle disputes between unions and federal agencies before they result in costly litigation, a further sign of the Biden administration’s more collaborative approach to labor groups.
Read moreCongress Eyes Arbitration Clauses in Employment Contracts
As Democrats in Congress craft an agenda in line with President Joe Biden’s stated focus on worker issues, they’re resurfacing long-standing efforts to address arbitration clauses in the employment context.
Controversial arbitration clauses in employment contracts are those that generally require those who sign them to agree not to pursue workplace disputes through lawsuits in court, and to instead pursue any claims through an arbitration process. By 2024, such agreements would apply to roughly 80 percent of private-sector employees not in a union, according to an estimate in May 2019 by the nonpartisan research nonprofit the Economic Policy Institute and the pro-worker social justice advocacy group The Center for Popular Democracy.
Read moreThe most effective leaders do these 5 things when conflict arises
They say diamonds are made under pressure. Well, amazing leaders too. And that pressure often comes in the form of interpersonal conflict.
“Managing conflict can be a tricky thing. Leaders must act responsibly to be respected and confront conflict head-on. Acting responsibly in the face of conflict is a sign of a great leader,” says executive coach, best-selling author and host of the WholeCEO podcast Lisa Goldenthal.
Managing Generational Differences in the Workplace: Ways to Tackle Intergenerational Conflict
Nowadays, the workforce has become very diverse, not just in terms of culture, gender, and ethnicity but also in age. With the emergence of such changes in the employees’ demographics, the workplace scene today is made up of three or sometimes four different generations:
Traditionalists
Baby boomers
Generation X
Millennial
People who belong to ages 15 to 24 make up almost 20% of the world population, and they account for 15% of the global workforce. Each of these age groups grew up experiencing various events contributing to their perception of work and values.
Read moreNinth Circuit to Examine the Reach of Mandatory Employment Arbitration Agreements
On March 2, 2021, the United States Court of Appeals for the Ninth Circuit will hear oral argument in a case that could test the boundaries of mandatory arbitration, and determine whether employees can be tethered to arbitration agreements for years after leaving a company.
Read moreCan Arbitration Agreements Protect Employers Against Class Actions?
For many employers, an important reason for rolling out arbitration is a desire to avoid class and collective actions. In this article, we consider whether arbitration agreements live up to their billing in this regard. As explained below, while they aren’t fool-proof, for many employers and many employment claims, arbitration agreements do in fact significantly reduce the risk of class or collective actions.
Read moreNYC Council Approves Legislation Redefining Key Aspects of Fast Food Employer-Employee Relationship
On Dec. 17, 2020, the New York City Council voted to approve Int. No. 1415-A and Int. No. 1396-A, which will prohibit fast food employers from terminating or cutting workers’ hours without just cause and, additionally, require fast food employers who need to lay off employees due to legitimate economic reasons to do so in order of seniority. These bills significantly expand upon worker protection laws passed in 2017 and continue to redefine key aspects of the employer-employee relationship for fast food employers. Mayor Bill de Blasio is publicly supportive of the legislation and is expected to sign both bills.
Read moreBringing a Case to Arbitration Should be Easier Following Recent Ninth Circuit Decision
A plaintiff may not avoid arbitration and manufacture appellate jurisdiction simply by voluntarily dismissing his claims, the U.S. Ninth Circuit Court of Appeals recently decided. In doing so, the court stated that an earlier Ninth Circuit decision reaching the opposite conclusion had been effectively overruled by intervening U.S. Supreme Court precedent. The Ninth Circuit’s new ruling will make it easier for parties seeking to enforce arbitration agreements.
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