Mandatory Arbitration, Quirky Question # 59
Quirky Question # 59: We are a large company with substantial number of employees. We have decided to compel our employees to arbitrate all of their employment claims, through the adoption of a...
View ArticleEnforcing Arbitration Agreements, Quirky Question # 90
Quirky Question # 90: Several years ago our company adopted as arbitration policy. We felt that this was one way we could control our employment litigation costs. Our arbitration policy is set forth...
View Article14 Penn Plaza: US Supreme Court Decision
U.S. Supreme Court Enforces Agreement Compelling Unionized Employees to Arbitrate Discrimination Claims Dorsey’s Analysis On April 1, 2009, an ideologically divided United States Supreme Court resolved...
View ArticleArbitration Agreements for Non-English-Speaking Employees, Quirky Question # 110
Quirky Question # 110: Our company utilizes a mandatory arbitration policy for our employees. In essence, our employees are required to arbitrate any claims relating to their employment relationship....
View ArticleArbitration Waiver, Quirky Question # 131
Quirky Question # 131: We have employment agreements with our employees that contain mandatory arbitration provisions. Recently, one of our senior executives departed and joined a competitor. This...
View ArticleRent-A-Center West, Inc. v. Jackson, A Divided Supreme Court Weighs In On...
Five to Four Decision Gives Employers Greater Confidence in the Reliability of Employment-Based Arbitration Agreements Every working day countless newly-hired, newly-promoted, or newly-stock optioned...
View ArticleGranite Rock Co. vs. International Brotherhood of Teamsters, Arbitration...
Granite Rock Co. v. International Brotherhood of Teamsters On June 24, 2010, in the final labor and employment law decision of its 2009-10 term, the Supreme Court decided the Granite Rock Co. v....
View ArticleQuirky Question # 186: Can Arbitration Agreements Ban Class Claims?
Question: For many years, our company has required all employees to sign a contract agreeing to arbitrate any employment claims, including discrimination claims. Last year we changed our form contract...
View ArticleFINRA Arbitration Rules Expanded to Exclude Collective Actions
FINRA Arbitration Rules Expanded to Exclude Collective Actions FINRA’s ban on formal class-style employment claims is now complete. On May 4, 2012, the comment period closed on a proposed change to...
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Quirky Question #245, Last chance agreements
Question: We operate a manufacturing plant with a union workforce where new employees begin with a 90-day probationary period during which they are not yet members of the union. I recently hired a guy...
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Quirky Question #248, Is arbitration really better than court?
Question: My company is considering implementing a policy of mandatory arbitration of employment disputes. Putting aside the legal considerations, is this practically a good idea? Answer: By Joel...
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Quirky Question #253, Private arbitrations becoming not-so-private?
Question: I read with interest the answer to Quirky Question #248 about mandatory arbitration. You mentioned one of the benefits of arbitration being that is more private than a dispute in court, which...
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Quirky Question #268: E-Sign Away!
Question: We have our electronic handbook and arbitration agreement online, and all employees sign both electronically. I saw a news blurb that a California court last year refused to enforce an...
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Question #273: Crafting a Concrete Non-Compete
Question: Our company uses non-compete and non-solicit agreements that bar former employees from having contact with any client of our company after they leave. One former employee who recently left is...
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Quirky Question #279: Concerted Activity in 140 Characters or Less
Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states. The company maintains a social media policy, which was recently updated. Last week, I noticed that...
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