Image by Andreas Breitling from Pixabay What a difference a few years make. Two years, Richard Griffin, the former General Counsel of the National Labor Relation Board (“NLRB“), stood before the U.S. Supreme Court and argued in Epic Systems v. Lewis that arbitration agreements requiring employees to forego the ability…
Image Credit: Photofunia.com In a statement issued earlier this week, House Judiciary Chairman Jerrold Nadler (D-NY) announced that he would “not rest” until Congress passed “historic legislation to end forced arbitration.” I have a feeling Mr. Nadler is going to be pretty tired. But, let’s see what this is all…
Image Credit: Pixabay.com (https://pixabay.com/photos/achievement-agreement-business-3385068/) Last year in Epic Systems Corp. v. Lewis, the Supreme Court narrowly concluded that a court should enforce an agreement between an employer and employee to arbitrate claims individually notwithstanding workers’ rights under the National Labor Relations Act to engage in protected concerted activity. That decision…
Image Credit: Photofunia.com (http://photofunia.com/results/5cc10d55846d7897318b4581) In 2010, the Supreme Court held in Stolt-Nielsen SA v. AnimalFeeds International that a court may not compel class-action arbitration when an arbitration agreement is silent on the availability of such arbitration. Last year, in Epic Systems Corp. v. Lewis, the Supreme Court issued another employer-friendly…
Image Credit: Pixabay.com (https://pixabay.com/en/printer-fire-flames-broken-38027/) Yesterday, I successfully alienated every reader that doesn’t work in the restaurant industry or otherwise nerd out on Fair Labor Standards Act minutiae. Today, I double down with idiosyncratic arbitration agreements, specifically those possibly used by New Jersey employers. I promise to get back to something more…
Google Inc. [Public domain], via Wikimedia CommonsThe last month for Google has been big for tech and employment law nerds alike. And I just happen to check both boxes. On the tech side, Google released the latest versions of its flagship phone, the Google Pixel 3 and Pixel 3 XL.…
Image Credit: PXhere.com (https://pxhere.com/en/photo/854901) Well, there’s always a chance the court might, you know, enforce it. You think? Actually, the employer almost got away with it had it not been for those meddling kids the Fifth Circuit Court of Appeals. Here’s what happened: A plaintiff sued her former employer in…
By Photograph by Franz Jantzen, Collection of the Supreme Court of the United States [Public domain], via Wikimedia CommonsSure, I can do that for you. First, we need some music. Godsmack? Celine Dion? Billy Idol? Nah, let’s go with Whitesnake. Give it to me in a nutshell, Eric. I want it…
Image Credit: Pixabay.com (https://pixabay.com/en/wave-water-sea-tsunami-giant-wave-11061/) And here you thought you were so smart by getting all of your employees to agree to class-action waivers and binding arbitration of all employment-related claims. Maybe not so much. Death by a thousand paper cuts. Yesterday, I read this article from Jon Steingart at Bloomberg Law’s…
Consider this my attempt at “Serenity now” after chaperoning eight kids eight and younger at a Philadelphia Phillies game on Saturday. With a rain delay. And the tiny dancer featured above. Fortunately, we left the ballpark with all of the kids. I think. Hopefully, my oldest son, Brooks, enjoyed his birthday.…