Updates in Employment Arbitration Agreements

Recall

Recent rulings from the U.S. Supreme Court have changed legal interpretations of employer-employee arbitration agreements. Read more about our coverage and how these rulings could affect this type of agreement going forward.

 

 

 

 

 

SCOTUS Deals Another Blow to Classwide Arbitration | 4.25.19

In a 5-4 decision written by Chief Justice John Roberts, the U.S. Supreme Court extended previous pro-business decisions by holding that ambiguous arbitration agreements do not provide the affirmative contractual basis required to send a dispute to class-wide arbitration.

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Novak Quoted on Lamps Plus v. Varela Landmark Decision | 4.24.19

Labor and Employment Deputy Practice Group Leader Lauren Novak was quoted by the National Law Journal on the landmark U.S. Supreme Court decision in Lamps Plus v. Varela holding that, under the federal arbitration statute, an ambiguous arbitration agreement cannot be interpreted as allowing class arbitrations.

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Novak Quoted on Landmark U.S. Supreme Court Ruling | 4.23.19

Labor and Employment Deputy Practice Group Leader Lauren Novak was quoted by CNBC on how the U.S. Supreme Court’s decision in Lamps Plus v. Varela “is a win for employers” because it held that workers are not entitled to resolve disputes through class arbitration in cases where their arbitration agreement is ambiguous.

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Novak Quoted on U.S. Supreme Court Cases Addressing Mandatory Arbitration | 10.29.18

Labor and Employment Practice Group Deputy Leader Lauren Novak was quoted by CNBC on current U.S. Supreme Court cases that may decide whether workers can bring disputes against their employers in a court of law or must follow contracted arbitration agreements.

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Supreme Court OKs Class Action Waivers in Employment Arbitration Agreements | 5.22.18

The U.S. Supreme Court issued its long-awaited decision in Lewis v. Epic Systems, ruling that class action waivers in employment agreements with arbitration clauses must be enforced as written. This flatly rejected the National Labor Review Board’s position that class action waivers are invalid because they violate an employee’s right to engage in protected concerted activity under Section 7 of the National Labor Relations Act.

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Novak Quoted on U.S. Supreme Court Employer Arbitration Agreement Ruling | 5.22.18

Labor and Employment Deputy Practice Group Leader Lauren Novak was quoted in Business Insurance on the U.S. Supreme Court decision to uphold employment agreements that include class action waivers, which prohibit workers from pursuing collective class action claims.

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Novak Quoted on U.S. Supreme Court Lawful Arbitration Agreements Decision | 5.21.18

Labor and Employment Deputy Practice Group Leader Lauren Novak was quoted by the National Law Journal on the U.S. Supreme Court decision that employer arbitration agreements that waive rights to class actions do not violate federal labor laws and must be enforced under the Federal Arbitration Act.

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Fourth Circuit: Classwide Arbitration a Question for Courts, Not Arbitrators | 5.20.16

The Fourth Circuit Court joined the Third and Sixth Circuits in holding that the issue of whether an arbitration agreement permits class arbitration is a gateway question of arbitrability for courts, not arbitrators, to decide, unless the parties “clearly and unmistakably” agreed otherwise.

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