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To Compel Under the FAA or the MAA? That Is The Question
Often, when a plaintiff files a lawsuit, there’s an arbitration agreement somewhere in his or her personnel file. And, unbeknownst to the plaintiff’s counsel, the claims brought actually should be...
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Eighth Circuit Permits Individual Arbitration of FLSA Claims
The Eighth Circuit Court of Appeals issued an important pro-arbitration opinion last week, compelling individual arbitration of a putative Fair Labor Standards Act (FLSA) collective action. Owen v....
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Postscript: To Compel Under the FAA or the MAA? That is the Question . . ....
In a previous post, I argued that in order to compel arbitration in Minnesota, an employer must attempt to come within the purview of the Federal Arbitration Act (FAA) and not just the Minnesota...
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Supreme Court Rules Even “Good, Bad, or Ugly” Arbitrators’ Decisions Must Stand
This morning, in a unanimous decision, the Supreme Court of the United States refused to overturn, under section 10(a)(4) of the Federal Arbitration Act (FAA), an arbitrator’s decision that a contract...
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California Supreme Court Delays Decision in Key Arbitration Case
On June 21, the California Supreme Court vacated the submission on Sonic-Calabasas A, Inc. v. Moreno and ordered that the parties file supplemental briefs to address the U.S. Supreme Court’s recent...
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Employers Should Reassess Strategy in Light of New Rulings from the Supreme...
The Supreme Court of the United States recently issued two landmark rulings affecting the viability of arbitration as an alternative to costly litigation. As a result, every employer of every size...
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California Supreme Court Grants Review in Brown
The impact of the California Court of Appeal’s recent opinion in Brown v. Superior Court, 216 Cal. App. 4th 1302 (Cal. Ct. App. 2013) is on hold, at least for now. Last week, the California Supreme...
View ArticleThe Arbitration Obligations Imposed by the Fair Pay and Safe Workplaces...
As we discussed yesterday in our blog post, “President Obama Issues Two Executive Orders in 10-Day Period,” this week President Obama issued the Fair Pay and Safe Workplaces Executive Order. Under this...
View ArticleCalifornia Court Determines Arbitrator Must Decide Whether Class Claims Are...
When an employee who has signed an arbitration agreement files a lawsuit alleging individual claims along with class action claims, and the trial court has ordered him to take his individual claims to...
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