Author: Samuel EstreicherPublisher:
ISBN:
Category :
Languages : en
Pages : 23
Book Description
The Supreme Court's 5-4 r ...
Issue Preclusion in Employment Arbitration After Epic Systems V. Lewis
Author: Samuel EstreicherPublisher:
ISBN:
Category :
Languages : en
Pages : 23
Book Description
The Supreme Court's 5-4 r ...
Sign Or Else. Employment Arbitration in the Wake of an Epic Decision
Author: Brendan WilliamsPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Mandatory arbitration agreements have become a common feature of employment in the United States, with workers compelled, as a condition of employment, go give up their rights of access to the courts. Even sexual harassment claims can be forced into arbitration, an especially jarring fact given the #MeToo movement. Employers are likely to feel even more empowered by the 2018 U.S. Supreme Court 5-4 decision in Epic Systems v. Lewis, in which Justice Gorsuch ruled that employees can be forced to arbitrate claims on an individual, and not collective, basis, notwithstanding a 2012 National Labor Relations Board ruling to the contrary. Although this was viewed as another judicial win for the business community, two recent 11th Circuit decisions reveal that even arbitration still carries risks and that businesses might want to be careful about what they ask for.
Epic Backslide
Author: Stephanie M. GreenePublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The United States Supreme Court dealt a serious blow to workers' rights in Epic Systems Corp. v. Lewis, 584 U.S. __ (May 21, 2018) when it held that employers may require employees to waive their rights to class or collective action. Employees had hoped the Court would find that mandatory individual arbitration provisions are illegal because Section 7 of the National Labor Relations Act guarantees employees the right to engage in concerted activities for mutual aid or protection. The Court, however, held that the Federal Arbitration Act requires arbitration provisions to be enforced as written. While the three cases before the Court involved wage and hour claims, the Court's Epic decision impacts many other types of employment disputes that are diverted from courts to individual arbitration - including workplace discrimination and sexual harassment, as well as in consumer agreements. In the #MeToo era, employers may consider exempting sexual harassment claims from mandatory arbitration agreements and thereby allowing claimants their full statutory rights. Employer-mandated arbitration provisions cover 60 million U.S. workers, and those requiring class waiver in arbitration keep labor and employment claims hidden, and foreclose full vindication of employees' rights with appropriate remedies. This research paper discusses the Court's decision in Epic Systems, what workers' rights remain after the decision, and what steps employee advocates and Congress might take to remedy the negative impact of the Court's decision on workers' rights to act collectively.
Compulsory Arbitration
Author: Richard A. BalesPublisher: Cornell University Press
ISBN: 9780801434464
Category : Business & Economics
Languages : en
Pages : 246
Book Description
Richard A. Bales explains that the advantages of arbitration are clear. Much faster and less expensive than litigation, arbitration provides a forum for the many employees who are shut out of the current litigative system by the cost and by the tremendous backlog of cases. On the other hand, employers could use arbitration abusively. Bales views the current situation as an ongoing experiment. As long as the courts continue to enforce agreements that are fundamentally fair to employees, the experiment will continue.
Employment Arbitration - 2nd Edition
Author: Thomas E. CarbonneauPublisher: Juris Publishing, Inc.
ISBN: 1929446667
Category : Business & Economics
Languages : en
Pages : 564
Book Description
Employment Arbitration provides practical commentary and analysis in the area of employment arbitration, for both the novice and the seasoned practitioner. It contains a comprehensive overview of the major developments in this emerging field and it supplies the reader with analysis, perspective, and commentary. The cases selected for presentation and analysis are the most significant decided to date. The case summaries are comprehensive, cogent, and objectively rendered. In addition, they contain critical evaluations which can be of use in developing litigation strategy or advising clients on business practices. The volume also describes and assesses political developments - proposed legislation and lobbying efforts - that address or which could affect this new use of arbitration. Employment Arbitrationemphasizes a number of issues that are particularly controversial in the area: the enforceability of employer-imposed arbitration agreements, the award of attorney’s fees and punitive damages, and the review of arbitral determinations on civil rights claims. Finally, the volume provides the reader with model employment arbitration agreements that are accompanied by extensive commentary and explanations.
New Battles and Battlegrounds for Mandatory Arbitration After Epic, New Prime, and Lamps Plus
Author: Stephanie M. GreenePublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The Supreme Court's recent decisions interpreting the Federal Arbitration Act (FAA) in the employment context generally prioritize arbitration over workers' labor law rights. The majority in Epic Systems upheld mandatory individual employment arbitration agreements despite their conflict with the labor law right to act in concert. The same majority in Lamps Plus presumed that the parties intend individual arbitration absent reference to group arbitration. However, in a rare unanimous decision, the Supreme Court in New Prime exempted transportation workers from FAA coverage, even where the workers are independent contractors rather than employees. These decisions resolved some disputes about the breadth of the FAA but other questions remain unresolved. For example, do the confidentiality provisions so often associated with arbitration provisions unlawfully interfere with employees' federal labor law rights? Are state laws on employment arbitration subject to preemption? Some state courts and legislatures continue to seek ways to protect workers who are disadvantaged by mandatory individual arbitration provisions, and others outline procedures for arbitration even for those transportation workers who are categorically exempt under the FAA. State laws regulating employment arbitration may fail in the face of preemption arguments, as the Court's slim conservative majority appears intent on upholding individual arbitration provisions at all costs. Nevertheless, California persists in allowing representative suits under its Private Attorney General's Act (PAGA) and state courts continue to consider traditional contract defenses such as lack of mutual assent and unconscionability as arguments to bypass onerous arbitration provisions. The Court's New Prime decision will reinvigorate the battle over what it means to be “engaged in interstate commerce” to qualify for the FAA's transportation worker exemption, with workers for Uber and Lyft leading the charge as they seek to avoid mandatory individual arbitration. In contrast, businesses will undoubtedly argue that even transportation workers who are exempt under the FAA still must arbitrate under state law provisions that do not exempt transportation workers. The authors recommend that Congress amend the FAA to exclude all workers affecting interstate commerce, and clarify the role of state law regulating employment arbitration. State legislation should provide guidance on what makes arbitration truly voluntary and fair, as well as afford employees a real choice on collective action and forum, and whether to maintain confidentiality about the dispute.
Employment Arbitration Agreements
Author: Littler MendelsonPublisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 360
Book Description
Employment Arbitration Agreements: A Practical Guide is the one source that will immediately enable you to: Be confident that your employment arbitration agreements are valid and enforceable in all states Stay fully apprised of ever-changing laws and
Arbitration of Employment Disputes
Author: Daniel P. O'MearaPublisher: Center for Human Resources Wharton School University of Penn
ISBN:
Category : Law
Languages : en
Pages : 736
Book Description
Arbitration of Employment Disputes
Author: Ross RunkelPublisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 58
Book Description
Employee Voice in Arbitration
Author: Ann C. HodgesPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The Supreme Court's 2018 decision in Epic Systems v. Lewis allows employers to force employees to agree to individual arbitration of any claims against the employer, removing their ability to bring class and collective actions. These unilaterally imposed arbitration agreements deprive employees of any voice in this important term of employment. If arbitration is to serve its intended function of a mutually agreeable forum to resolve disputes, Congress should require employers who desire to use arbitration to negotiate the terms of the agreement with a representative of their affected employees. Such a requirement would reduce some of the adverse effects of employment arbitration, making it more like labor arbitration, which has functioned as an effective dispute resolution mechanism under collective bargaining agreements for many years. A negotiation requirement would insure that employees have notice of the arbitration provision and input into its terms. The National Labor Relations Board could use its existing election machinery to facilitate employee choice of representative which could be an individual, a group of employees, an attorney, a labor union, or another workers' rights organization. In addition to providing employee voice, requiring negotiation would discourage arbitration where the employer's only goal is to reduce employee rights and might also spur employee participation in the workplace and the community.