Arbitration

First, they banned forced #MeToo arbitration. Is arbitration of ALL employment claims doomed too?

March 16, 2022 | by Eric B. Meyer

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On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law. The name of the new law speaks for itself. Victims of sexual harassment or sexual assault at work that previously signed arbitration agreements can arbitrate their claims but don’t have to.

With the ink barely dry on this new #MeToo law, the House introduced a bill late last week called the “Forced Arbitration Injustice Repeal Act of 2022” or the “FAIR Act of 2022.” Continue reading

Don’t ruin your arbitration agreements by doing this…

March 11, 2022 | by Eric B. Meyer

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Some of you require your employees to sign agreements requiring them to arbitrate employment claims — other than claims of sexual harassment or abuse, of course. Continue reading

Biden signs #MeToo arbitration bill, Philly drops masks, and EEOC updates its COVID-19 guidance

March 4, 2022 | by Eric B. Meyer

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What a Friday trifecta! The only thing better that could come in threes would be a gallon of Neapolitan ice cream — with chocolate instead of strawberry and vanilla. Continue reading

This one goes out to all you New Jersey arbitration nerds.

February 16, 2022 | by Eric B. Meyer

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If, like me, you’ve always wondered whether the Federal Arbitration Act (FAA) preempts a 2019 amendment to New Jersey’s Law Against Discrimination (LAD) that prohibits the waiver of procedural and substantive rights under the LAD, try to remain calm. I’m about to blow the lid off this jawn.

(The rest of you can bug out and play Wordle.) Continue reading

You can start playing Taps for your company’s agreements to arbitrate sexual harassment claims

February 11, 2022 | by Eric B. Meyer

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On Tuesday, I warned you that your company’s arbitration agreements for sexual harassment claims might not survive February intact.

Folks, they may not make it to the Super Bowl. Continue reading

Your company’s arbitration agreements for sexual harassment claims may not survive February intact.

February 8, 2022 | by Eric B. Meyer

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Back in the Summer, during one of my rare deviations from blogging about COVID-19, I slipped in a post about a bipartisan effort in Congress to end the forced arbitration of sexual assault and sexual harassment claims.

Six months later, there are some real signs that this Bill will make it to President Biden’s desk for signature. So, if you have employees that have signed arbitration agreements, keep reading.

See you in court, err, arbitration! SCOTUS to decide whether litigating an employment dispute first precludes arbitrating it later

November 19, 2021 | by Eric B. Meyer

Freepik, Vital Gorbachev, Smashicons edited by Bruce The Deus, CC BY-SA 4.0, via Wikimedia Commons

If your company makes its employees sign arbitration agreements, then this post is for you.

The rest of you can ~~get an early start on happy hour~~ find something else to read while sipping your morning cup of coffee. Continue reading

How might Judge Amy Coney Barrett adjudicate your arbitration agreements?

September 30, 2020 | by Eric B. Meyer

Rachel Malehorn / CC BY

Congratulations! You’ve made half-way through “Amy Coney Barrett Week” at The Employer Handbook. Well, technically, you won’t reach the midpoint until you get about 178 words into this 356-word-long post, but you get the idea.

So, how about we discuss the thrilling, compelling, edge-of-your-seat world of arbitration provisions? Continue reading