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 moreNew code on preventing and addressing workplace bullying
Effective from 23 December 2020, the new Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work (S.I. No. 674/2020 “the code”) provides employers with fresh legal direction on what constitutes workplace bullying and what employers are expected to do when presented with allegations of bullying.
Read moreResolving conflicts in the workplace
No matter what the size or level of success of your organization, there are bound to be conflicts. With individuals coming from a variety of backgrounds and bringing a host of personality traits, workplace methods, opinions and tolerance levels to the table, workplace conflict is inevitable. It's important to identify what conflict looks like before discussing conflict resolution.
Read moreManaging 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 moreWorkplace Mediation - 7 Tips for Better Outcomes
Workplace mediation presents a number of challenges for parties and employers that may not be present in more “commercial” disputes where legal claims are involved.
In the workplace, disputes and relationship breakdowns can range from apparently minor frictions to issues of alleged bullying and discrimination capable of escalating into legal claims.
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 moreHow to Resolve Personality Conflicts in the Workplace
Understanding personality conflicts in the workplace is important for managers and employees alike to ensure disputes or frustrations with others are not impeding the team’s ability to remain engaged and productive. Different personalities can clash regardless of the situation. Add in work stress, deadlines, and the day-to-day struggles of work, and these clashes can escalate quickly.
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.
Read more5 Top Trends In Workplace Class Action Litigation: Trend #5 Class Certification Trends
Complex workplace litigation remains one of the chief exposures driving corporate legal budgetary expenditures. Class actions and multi-plaintiff lawsuits, in particular, continue to provide a source of concern for companies. Layered on top of those problems are the spike in workplace litigation caused by the COVID-19 pandemic.
Read moreDifferent Types Of Conflict In The Workplace
Workplace conflict is something every business will face at some stage. In recent years, it has become something of an epidemic, with 85% of employees reporting workplace conflict on some level.
It is not just in the interest of employees to resolve the conflict but for business owners too. The cost of conflict is immense, with an estimated $359 billion in paid hours lost to workplace conflict every year.
To resolve workplace conflict, it is important to know about the different types of conflict, how they differ and how to approach each type of conflict.
Read moreGig Workers Must Opt Out of Arbitration to Enforce Prop 22 Benefits, Rights Group Says
Proposition 22 in California offers some benefits to workers, but Rideshare Drivers United says Terms of Service forcing private arbitration will prevent them from being enforced.After Proposition 22 passed in California, gig work apps such as Uber and DoorDash began offering some benefits to workers. The benefits promise driver pay that is 120 percent of the state’s minimum wage, along with a healthcare stipend and expense coverage, though they still fall short of traditional employment.
Read moreHiring Tips for a Multigenerational Workforce: From Baby Boomers to Gen Z
Generational differences influence how people communicate, think and work. There are four active generations in the workforce in 2021, each with unique characteristics and worldviews. For business owners and managers, it's vital to understand the characteristics of each generation, including what motivates them and their communication style, so you can successfully utilize the talents your multigenerational workforce offers to benefit your organization and other employees.
Read more5 Key Trends In Workplace Class Action Litigation: Trend #2 Change Is The New Normal
Seyfarth Synopsis: The data and analysis from workplace class action rulings, case filings, and settlements showed that change is the new normal in 2020-2021. As many pro-business precedents continued to roll out and take hold in 2020, voters elected to turn the White House from red to blue and, as a result, likely precipitated changes in numerous areas that will expand worker rights. Along with changes in the arbitration landscape, the shift in Administrations is likely to bring increased regulation of businesses, renewed enforcement efforts, and policy changes at the agency level that will result in efforts to abandon or overturn pro-business rules of the Trump Administration.
Read moreConflict Resolution in the Workplace
Conflict resolution at the workplaceLinks to an external site. is broken down into several steps to simplify the procedure. Executing the steps will make it easier to identify problems, find possible solutions, and come up with an effective plan to resolve the problem. It is important for managers to put their ideas into action. This will help them build positive relationships with coworkers. By doing this, managers can guarantee an effective conflict resolution strategy and improved communication at work.
Read moreWhen Conflicts Erupt Between Employees, Advisors Restore The Peace
As advisors grow their practice, they hire more employees. But a burgeoning staff means more conflict can seep into the workplace.
Some advisors have limited experience with managing people. They often discover it's not easy.
Part of the problem is that successful advisors oversee complex businesses. Aside from offering technical advice to clients, they must run internal operations smoothly
Read moreNew York City Council Passes Legislation Expanding New York City’s Fair Workweek Law
The New York City Council has passed two bills, Int. No. 1415-A and Int. No 1396-A, that, when enacted and effective, will impose significant obligations on covered New York City fast food industry employers.
These bills would expand New York City’s Fair Workweek Law to provide “Just Cause” protection from discharge and significant reductions in hours for fast food employees, require employers to engage in seniority-based reductions and rehiring if staff reductions are due to bona fide economic reasons, and provide for a private right of action. Mayor Bill de Blasio has described the bills as a “big victory for job stability and dignity” and is expected to sign the legislation. These bills would take effect 180 days after becoming law. When enacted, this legislation potentially will pave the way for a great overhaul of the at-will employment system that has long-defined the employer-employee relationship in New York State and New York City.
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