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Category: Arbitration and Dispute Resolution

Supreme Court Rules Trial Court Must “Stay” Litigation Pending Arbitration

Resolving a split among federal appeals courts, the U.S. Supreme Court has ruled unanimously that federal district courts must stay, or temporarily suspend, legal proceedings rather than dismiss the lawsuit when they order the parties to participate in arbitration. The case, Smith v. Spizzirri, is an employee misclassification case involving a mandatory arbitration agreement. The Supreme Court’s ruling, published May...
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Category: Arbitration and Dispute Resolution

Senate Committee Approves Bill Banning Pre-Dispute Arbitration of Age Discrimination Claims

A bill that would invalidate mandatory arbitration of age discrimination claims cleared a key Senate committee May 9, 2024, paving the way for possible enactment later this year. On a bipartisan 15 to 6 vote, the Senate Judiciary Committee approved and sent to the full Senate the Protecting Older Americans Act of 2023 (S. 1979). The bill builds on legislation enacted...
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Category: Arbitration and Dispute Resolution

Supreme Court Rules FAA Transportation Worker Exemption Hinges on Driver’s Job, Not Industry

In a case addressing the scope of the Federal Arbitration Act’s transportation worker exemption, the U.S. Supreme Court ruled April 12 that a transportation worker does not have to work in the transportation industry to be exempt from an arbitration agreement. The unanimous ruling in Bissonnette v. LePage Bakeries clarifies that the exemption’s applicability depends on the nature of the worker’s work rather...
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Category: Arbitration and Dispute Resolution

Federal Court Cements Ban On California’s Latest Attempt To Outlaw Employment Arbitration

California cannot prohibit employers from requiring employees to sign arbitration agreements as a condition of employment, under a federal court order entered January 2, 2024. The permanent injunction came in a lawsuit from the U.S. Chamber of Commerce challenging a 2019 California law that effectively barred mandatory arbitration of employment disputes. The order from the U.S. District Court for the Eastern...
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Category: Arbitration and Dispute Resolution

Supreme Court Rules Arbitration Can Trump Certain California “PAGA” Claims

The U.S. Supreme Court, in its most recent arbitration decision, has ruled that the Federal Arbitration Act (FAA) preempts an interpretation of California law that prohibits enforcement of individual arbitration agreements under California’s Private Attorneys General Act (PAGA). As a result of the High Court’s ruling, an employee who has entered into a valid arbitration agreement to resolve his or...
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Category: Agency Enforcement

EEOC Releases New Studies Highlighting Success of Agency’s Online Mediation Program

The Equal Employment Opportunity Commission (EEOC) has made public two new studies prepared by independent researchers showing that the agency’s shift to virtual or remote mediation, prompted by the COVID-19 pandemic, has been a success. In fact, the reports indicate that the EEOC’s online dispute resolution is, in some respects, even more popular than the agency’s traditional mediation program. Members...
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Category: Arbitration and Dispute Resolution

Supreme Court Provides Guidance on Scope of FAA’s Transportation Worker Exemption

Over the last two decades, the U.S. Supreme Court has made it clear that the Federal Arbitration Act (FAA) establishes a public policy favoring arbitration of disputes in lieu of litigation. There is one part of the FAA, however, that exempts certain workers “engaged in foreign or interstate commerce,” thus permitting these workers to sue in court. In recent years,...
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Category: Arbitration and Dispute Resolution

Supreme Court Issues Another Important Arbitration Ruling in Morgan v. Sundance

A unanimous decision issued by the U.S. Supreme Court this week in the case of Morgan v. Sundance, Inc., No. 21-328 (U.S. May 23, 2022), the latest in a series of important arbitration rulings handed down by the High Court in recent years, creates even further incentive for an employer to act promptly when it seeks to compel arbitration. The...
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Category: Arbitration and Dispute Resolution

House-Approved Bill Would Ban Use of Employment-Related Pre-Dispute Arbitration Agreements

As expected, Democrats in the U.S. House of Representatives have once again approved one of their long-sought legislative priorities, a bill (H.R. 963) to prohibit the use and enforcement of pre-dispute arbitration agreements for a range of disputes, including employment and civil rights claims. Although expectations were high among the bill’s supporters that this time around the bill had a...

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