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It’s called the FAIR Act, which stands for the Forced Arbitration Injustice Repeal Act. The FAIR Act would amend the Federal Arbitration Act to prohibit a pre-dispute arbitration agreement from being valid or enforceable if it requires arbitration of an employment, consumer, antitrust, or civil rights dispute. Continue reading
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What a difference a few years make. Continue reading
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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 about. Continue reading
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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 did not sit well with several members of Congress. Continue reading
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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 decision on arbitration when it concluded that the National Labor Relations Act does not usurp an agreement between a company and its worker to arbitrate employment-related claims on an individual, non-class basis.
Yesterday, the Supreme Court finished walking dry the mudhole that it had stomped on employee class-actions in arbitration, right before delivering stunners to everyone. Continue reading
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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 universal tomorrow. Perhaps, Nova Scotian paid sick leave legislation. Continue reading
Google Inc. [Public domain], via Wikimedia Commons
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Well, there’s always a chance the court might, you know, enforce it.
By Photograph by Franz Jantzen, Collection of the Supreme Court of the United States [Public domain], via Wikimedia Commons
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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. Continue reading
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