Canada: Ontario Superior Court Holds Labour Arbitrator Has Exclusive...
In De Facendis v. Toronto Parking Authority, the Ontario Superior Court of Justice held that when a claim for workplace sexual harassment and workplace sexual assault “arises under the collective...
View ArticleFederal Court Applies FAA Preemption in Refusing to Enforce New Jersey’s Ban...
As employers and employees alike continue to monitor and watch the landscape of alternative dispute resolution as a viable option (or not) in New Jersey, an important federal court decision was...
View ArticleFourth Circuit Finds Waiver of Appellate Review of Arbitration Enforceable
Employers concerned about the risks and expenses associated with employment litigation have increasingly required their employees to agree to arbitration in the event of a dispute. Even upon the...
View ArticleAre ERISA Breach of Fiduciary Duty Claims Arbitrable?
Over the years, attempts to arbitrate breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2) have had varying results.1 One court recently...
View ArticleThis Legal Change Could "Severely Disrupt" Franchising. Learn About the PRO...
Michael Lotito offers insight on the Protecting the Right to Organize Act (or PRO Act), which includes a change to a standard known as “joint employer.”EntrepreneurView
View ArticleRobert F. Millman
Robert F. Millman has been representing employers in collective bargaining and regulatoryproceedings with unions for 46 years. Daily Journal talks about a few of his big wins.Daily JournalView...
View ArticleAre ERISA breach of fiduciary duty claims arbitrable?
Pamela Reynolds’ article discusses whether employers can enforce arbitration of breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2).Benefits...
View Article4 W&H Bills to Watch for in the Second Half of 2021
Libby Henninger weighs in on several wage and hour bills that will be prevalent in the next six months.Law360 Employment AuthorityView (Subscription required.)
View ArticleEEOC’s Pandemic Operations Get High Marks From Lawyers
Jim Paretti offers his opinion on how things have gone in interactions with the U.S. Equal Employment Opportunity Commission during the pandemic.Law360 Employment AuthorityView (Subscription required.)
View ArticleCongressional Democrats Want to Weaponize Federal Labor Law
Michael Lotito writes about unions and their allies’ attempts to sneak parts of the Protecting the Right to Organize (PRO) Act into the budget bill.The Wall Street JournalView (Subscription required.)
View ArticleBritish Columbia Updates Rules for Investigations, Working Children
George Vassos explains new rules that broaden and clarify British Columbia’s ability to investigate employment compliance matters and tighten rules for hiring children younger than 16 years old.SHRM...
View ArticleMediator Mark Rudy credits success to preparation, patience, persistence
Keith A. Jacoby explains what makes Mark Rudy a good mediator.Daily JournalView (Subscription required.)
View ArticleSupreme Court of Puerto Rico Validates Implicit Consent for Arbitration...
In Aponte Valentín v. Pfizer Pharmaceuticals, CC-2018-748,1 the Puerto Rico Supreme Court reinforced the strong public policy favoring arbitration agreements in Puerto Rico, validating continued...
View ArticleOntario, Canada: Arbitrator Upholds Mandatory COVID-19 Vaccination Policy
On November 9, 2021, inUnited Food and Commercial Workers Union, Canada Local 333 v.
View ArticleSupreme Court finds exclusive arbitral jurisdiction in Manitoba human rights...
Rhonda B. Levy and Douglas Sanderson examine Northern Regional Health Authority v. Horrocks, in which the Supreme Court of Canada decided that in Manitoba, human rights disputes arising from the...
View ArticleCongress Passes Bipartisan Arbitration Limitation
This week brings a significant change for employment arbitration, as both houses of Congress approved a bill, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445),...
View ArticleBritish Columbia, Canada: Arbitrator Decides Employer Could Terminate...
On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s...
View ArticleCanada: Key Trends in Arbitration Awards Pertaining to Mandatory COVID-19...
Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the unionized...
View ArticleKey trends in arbitration awards pertaining to mandatory vaccines
Rhonda B. Levy and Barry Kuretzky provide an overview of key trends in arbitration awards in Ontario and British Columbia since fall 2021 that have considered issues relating to mandatory COVID-19...
View ArticleCongress Considers Banning Discretionary Clauses in ERISA Plans
On May 12, 2022, the “Employee and Retiree Access to Justice Act” was introduced in the House of Representatives by Mark DeSaulnier (D-CA). Senator Tina Smith (D-MN) introduced a companion bill in the...
View ArticleSupreme Court Permits Arbitration of Individual PAGA Claims
The United States Supreme Court’s decision in Viking River Cruises v. Moriana will dramatically impact employers’ rights to enforce arbitration agreements related to claims under California’s Private...
View ArticleSavings Clause Results in Oregon Supreme Court Affirming Enforceability of...
On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration. The...
View ArticleOregon Supreme Court Affirms Enforceability of Arbitration Provision
Christine Sargent writes about an Oregon Supreme Court case that affirmed the importance of implementing enforceable arbitration agreements.SHRM OnlineView (Subscription required.)
View ArticleOntario, Canada Human Rights Tribunal Finds it Has Concurrent Jurisdiction...
The Human Rights Tribunal of Ontario recently held a preliminary hearing to determine whether allegations made under the Human Rights Code (Code) fell within the exclusive jurisdiction of a labour...
View ArticleLittler Lightbulb: Labor & Employment Appellate Roundup
This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal.
View ArticleLittler Lightbulb – December Employment Appellate Roundup
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.
View Article2023 Outlook Is Brightest Kentucky Has Seen
Jay Inman says that vital industries, including healthcare, hospitality and manufacturing, will continue to see significant workplace changes in 2023.The Lane ReportView
View ArticleRegulatory Update: New Law Ends Sexual Harassment NDAs
In light of President Biden signing the Speak Out Act, Elizabeth A. Lalik, Lauren M. Bridenbaugh and Jim Paretti say this is a good time for employers to review their policies and practices for...
View ArticleBipartisan Passage of Workplace Laws Puts Employers on Notice
Jim Paretti says several new bipartisan laws focused on issues women experience in the workplace may move employers to work on preventing instances that would violate the new measures.Bloomberg LawView...
View ArticleNinth Circuit Allows Enforcement of Employment Arbitration Agreements in...
Ninth Circuit holds the Federal Arbitration Act (FAA) preempts AB 51, which attempted to prohibit employers from requiring employees to waive, as a condition of employment, the right to litigate claims...
View ArticleLittler Lightbulb – February Employment Appellate Roundup
This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month.At the Supreme Court
View ArticleOntario, Canada Arbitrator Finds Employer Did Not Violate Collective...
Arbitrator dismissed four union grievances alleging National Day of Mourning should have been a paid holiday.It is not enough for a day to be referred to as a “holiday” by a governmental entity to be...
View ArticleU.S. Immigration Laws and the Peril of Using the United States as a Venue for...
Angel Valverde presents issues for development of international arbitration in the U.S., as there are no visas that specifically allow a foreign national to be employed as an arbitrator, attorney or...
View ArticleBecause Hamiltonians Labor for Equity: Natasha Jenkins ’07
Natasha Jenkins’ alma mater profiles her and her roles at Littler and as the president of Illinois’ Cook County Bar Association (CCBA). The SpectatorView
View ArticleLittler Lightbulb – May Employment Appellate Roundup
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.At the Supreme Court
View ArticleArbitrator upholds reasonableness of hospital vaccination policy for...
Rhonda B. Levy and Barry Kuretzky discuss a case in which an arbitrator issued the first award in Ontario to address and uphold the reasonableness of a hospital vaccination policy that allows employers...
View ArticleJuly Is the New January: The Pace of New State Laws Heats Up
Traditionally, January 1 has been the key date for which employers must prepare to implement new labor and employment compliance obligations for new laws passed within the previous year. For the past...
View ArticleLittler Lightbulb – June Employment Appellate Roundup
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.At the Supreme Court
View ArticleCalifornia Supreme Court Holds Plaintiffs with Arbitration Agreements Retain...
The California Supreme Court determined that plaintiffs seeking civil penalties under California’s Private Attorneys General Act (PAGA) retain standing to pursue representative PAGA claims on behalf of...
View ArticleCalifornia Appellate Court Decision Limits Power of Arbitrators to Cure Late...
On June 28, 2023, the California Second District Court of Appeal issued a decision interpreting the scope of California Code of Civil Procedure section 1281.98(a)(1), a recently amended California...
View ArticleCalling all California Employers! The Latest Employment Laws from the Golden...
California’s legislature covered a wide array of labor and employment law topics this legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on...
View ArticleLittler Lightbulb – October Employment Appellate Roundup
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.At the Supreme Court
View ArticleWhat's Contributing to the Decline in SF Superior Civil Filings?
Theodora Lee said overall case filings in the San Francisco state trial court have been down significantly compared to pre-pandemic levels, but she’s seeing an uptick in labor and employment law...
View ArticleEmployment Law Update 2024: New Employment Laws for the New Year
The federal government, states, counties, and cities were active again this year passing workplace legislation intended for the most part to protect employees, creating new compliance obligations for...
View ArticleCalifornia's Mandatory Arbitration Ban Is Permanently Halted
Alexander MacDonald explains when California employers’ employment agreements are subject to state law and AB 51 may apply. XpertHRView
View ArticleEmployers can count sick leave credits as paid medical leave days under CLC:...
Rhonda Levy, Adrian Jakibchuk, Barry Kuretzky and George Vassos comment on an arbitrator’s ruling that federal employers can count employees’ sick leave credits as paid medical leave days under the...
View ArticleThe ACLU: Champion of Individual Arbitration?
Alexander MacDonald discusses a case in which the ACLU, sharp critic of arbitration, is arguing that individual arbitration plays a “fundamental role” in protecting labor rights.The Federalist SocietyView
View ArticleU.S. Supreme Court Clarifies When the Federal Arbitration Act’s...
On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the...
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