A new federal law allows employees to avoid arbitration agreements with respect to sexual harassment or sexual assault claims.  The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 applies to pre-dispute arbitration agreements, such as those included in employment contracts or stand-alone arbitration agreements entered into at the time of hire.  Many employers have adopted arbitration agreements because such agreements can contain enforceable waivers of the right to bring collective or class actions.  They also avoid the risk of run-away jury verdicts.

Continue Reading New Law Lets Sexual Harassment Claimants Get Out of Arbitration Agreements

The U.S. Department of Labor recently highlighted a federal court ruling that private arbitration agreements will not prevent the federal Secretary of Labor from bringing suit against an employer for violation of the Fair Labor Standards Act (and presumably other federal laws within the DOL’s jurisdiction, like the Family and Medical Leave Act).

Continue Reading Employers Beware! Private Arbitration Agreements Won’t Stop DOL Lawsuits

The National Labor Relations Board has now addressed the use of mandatory arbitration agreements following the U.S. Supreme Court’s 2018 decision in Epic Systems v. Lewis, which upheld the enforceability of arbitration agreements containing waivers of the right to bring class or collective actions over employment-related disputes, rejecting the NLRB’s then-position that such waivers violate the National Labor Relations Act (NLRA), as discussed in our prior E-lert.
Continue Reading NLRB Expands Scope of Mandatory Arbitration Agreements

In a rare unanimous decision, on a closely-watched issue, from all four sitting members of an ideologically-divided National Labor Relations Board, the Board ruled that an employer’s arbitration agreement unlawfully restricted employee access to the Board and its processes.
Continue Reading Arbitration Agreement May Not Restrict Access to NLRB Processes