Law and the Workplace

Category Archives: Arbitration

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Federal Law Prohibiting Pre-Dispute Arbitration of Sexual Harassment and Sexual Assault Claims Not Retroactive, New Jersey Court Confirms

By Evandro Gigante, Laura Fant and Dixie Morrison on Posted in Arbitration
A new federal law invalidating pre-dispute arbitration agreements for sexual harassment and sexual assault claims does not apply retroactively, a New Jersey appeals court recently confirmed. In Zuluaga v. Altice USA (N.J. App. Div. Nov. 29, 2022), the plaintiff had signed an arbitration agreement waiving her right to bring employment-related disputes in court when she … Continue Reading

U.S. House Passes Bill that Places Future of Arbitration Agreements at Risk

By Tony Oncidi, Evandro Gigante, Allan Bloom and Morgan Peterson on Posted in Arbitration, Litigation and Arbitration
It’s only been two weeks since President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Ending Forced Arbitration Act”) into law (which we covered here), and there is already a new major development in the world of arbitration. Yesterday, the U.S. House passed the Forced Arbitration Injustice … Continue Reading

UPDATED: President Biden Signs Bill Prohibiting Mandatory Arbitration and Class Action Waivers for Sexual Harassment and Sexual Assault Claims

By Guy Brenner, Tony Oncidi, Evandro Gigante, Laura Fant, Theresa Madonna and Ariel Brotman on Posted in Arbitration, Class/Collective Action
***UPDATE: President Biden signed the bill into law on March 3, 2022.  The law takes effect immediately.*** Today, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote.  The bill had previously passed the House of Representatives by a vote of 335-97. The … Continue Reading

Second Circuit Affirms Expansion of Gender Bias Class Action against Sterling Jewelers

By Jordan Glassberg and Mark W. Batten on Posted in Arbitration, Class/Collective Action, Title VII
On November 18, 2019, the United States Court of Appeals for the Second Circuit revived a potentially sweeping class action against Sterling Jewelers, Inc. (“Sterling”), holding that potentially tens of thousands of female employees could take part in an arbitration class involving claims of sex discrimination.  The Second Circuit’s holding is the latest in the … Continue Reading

United States Supreme Court Says Courts Cannot Compel Classwide Arbitration Absent Affirmative Contractual Agreement

By Elise M. Bloom, Hayley H. Fritchie and Noa Baddish on Posted in Appeals, Arbitration, Class/Collective Action
In a 5-4 decision authored by Chief Justice Roberts on April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act (“FAA”) precludes a court from compelling class arbitration when an agreement is ambiguous on the availability of such arbitration. Lamps Plus Inc. et al. v. Varela, No. 17-988, 587 U.S. ___ … Continue Reading

Court Holds Arbitration Agreement Requiring Employee to Pay Half of Arbitration Costs is Unconscionable

By Jacklina Len and Laura Reathaford on Posted in Arbitration
In Chavarria v. Ralphs Grocery Co., No. 11-56673, 2013 WL 5779332 (9th Cir. Oct. 28, 2013), the plaintiff, a former deli clerk, brought a class action against Ralphs for various alleged wage and hour violations of the California Labor Code.  As a condition of employment, Chavarria signed an arbitration agreement containing a class action waiver.  … Continue Reading

Oxford Health Plans v. Sutter

By Proskauer on Class and Collective Actions on Posted in Arbitration, FLSA, Uncategorized
Arbitration clauses meant to prohibit class action arbitrations, whether in employment agreements or other documents, need to be reviewed after a recent Supreme Court decision.  In Oxford Health Plans v. Sutter, ___ U.S. ____, No. 12-135 (June 10, 2013),  the Court unanimously upheld an arbitrator’s ruling that a pediatrician could proceed with a class action … Continue Reading
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