Arbitration and Dispute Resolution

Memo
22-061
Wednesday, March 30, 2022

A bill that would bar the use of pre-dispute arbitration agreements in the employment context recently passed the House of Representative on a party-line vote. The bill is unlikely to go anywhere in the U.S. Senate.


Memo
22-029
Monday, February 14, 2022

As we predicted, Congress has approved and sent to President Biden for his signature an amendment to the Federal Arbitration Act that allows a victim of alleged sexual harassment or sexual assault to opt out of a predispute arbitration agreement or j


Memo
21-224
Tuesday, November 16, 2021

Bills that would ban or severely limit pre-dispute arbitration agreements to resolve workplace discrimination claims are getting attention in Congress, and one of them has a fair chance of being enacted.


Memo
21-039
Wednesday, February 17, 2021

Data recently obtained by CWC from the Administrative Office of the U.S. Courts show that employment-related lawsuits filed in federal court declined to a 20-year low in Fiscal Year 2020, including declines in every subcategory tracked.


Memo
20-206
Friday, October 16, 2020

The U.S. Supreme Court decided this week not to review a problematic arbitration ruling out of the Second Circuit in which the appeals court allowed class arbitration to proceed despite strong indicators that the underlying arbitration agreement cont


Memo
20-174
Friday, September 4, 2020

Although the Supreme Court has made it clear that the Federal Arbitration Act establishes a public policy favoring arbitration of disputes, there is a provision in the FAA that exempts its application to workers “engaged in foreign or interstate comm


Memo
20-163
Friday, August 21, 2020

Sometimes when ruling on a motion to compel arbitration, a court can be faced with questions of whether the parties actually agreed to arbitrate the dispute. In this case, the influential appeals court has set out a clear rule that when this happens,


Briefs
20-145
Friday, July 24, 2020

Our brief submitted in support of the High Court taking up this case argues that the appeals court misinterpreted both the Federal Arbitration Act and Supreme Court precedent in ruling that an arbitrator could impose class arbitration even though the


Memo
20-089
Friday, May 8, 2020

The so-called Franken amendment, which has been on the books for a decade, bars certain Department of Defense contractors from requiring employees to arbitrate Title VII claims. In one of the few federal appeals court decisions we’ve seen that interp


Memo
20-009
Friday, January 10, 2020

In the wake of numerous rulings by the U.S. Supreme Court over the last two decades upholding the validity of employment arbitration as an alternative to court litigation, the EEOC has finally abandoned its 1997 policy statement to the contrary.


Memo
20-006
Friday, January 10, 2020

California enacted a number of new employment laws during its 2019 legislative session, including a law that bans mandatory employment arbitration and another that requires employers to classify many independent contractors as employees. Legal challe


Memo
19-201
Friday, October 4, 2019

The Democrat majority in the U.S. House of Representatives has approved another bill on its workplace law overhaul agenda, in this case banning pre-dispute arbitration agreements covering employment and civil rights claims. As is the case with other


Memo
19-190
Friday, September 20, 2019

The National Labor Relations Board has ruled that an employer did not violate federal labor law even after it revised its arbitration policy in response to a wage and hour lawsuit. In so ruling, the agency relied on a recent Supreme Court decision fi


Memo
19-185
Friday, September 13, 2019

It is settled law that employment arbitration agreements are a viable legal alternative to court litigation. Nevertheless, these agreements are a form of contract, and are subject to challenges that they violate contract law, as the court found here.


Memo
19-183
Friday, September 6, 2019

Our latest edition of CWC Interstate summarizes state and local legislative developments of interest to our members that have occurred in the South-Central region of the country since the spring.


Memo
19-173
Friday, August 23, 2019

With Members of the House out of D.C. on their summer recess, we thought it would be a good time to reflect on how the recently-elected Democratic majority has followed through on its goal of making major changes to federal employment laws. As our me


Memo
19-122
Friday, June 21, 2019

In a case of first impression, the Ninth Circuit Court of Appeals ruled recently that an employer can enforce an arbitration agreement with a worker with respect to claims alleging violations of Section 1981 of the Civil Rights Act of 1866.


Memo
19-099
Friday, May 17, 2019

CWC’s latest “Interstate” update looks at recent employment-related state and local developments that have occurred in the Southern Region of the U.S.


Memo
19-089
Friday, May 3, 2019

In yet another in a series of pro-arbitration rulings issued over the last two decades, the Supreme Court has ruled that language in an arbitration agreement must state clearly that the parties have agreed to class arbitration.


Memo
19-068
Friday, April 5, 2019

Questioning whether the plaintiffs had standing to bring a lawsuit, the High Court declined to rule on whether class action settlement agreements that distribute monetary settlement proceeds to non-party charitable groups rather than the victim class


Memo
19-026
Friday, February 8, 2019

OFCCP’s recent announcement that it is establishing an Ombuds office puts the focus on a program that many companies have adopted as another way to diffuse employee concerns before they escalate into formal charges. Our memo provides an overview alon


Memo
19-023
Friday, February 1, 2019

For the last two decades the Supreme Court has issued a string of decisions in favor of arbitrating employment disputes. In a rare exception, in this case the Court found that an exemption contained in the Federal Arbitration Act prevented an employe


Memo
19-019
Friday, January 25, 2019

Our brief argues that a lower court got it wrong in finding that an arbitrator should decide whether an arbitration agreement provided for class arbitration. We contend instead that under Supreme Court precedent, that decision should have been up to


Memo
19-012
Friday, January 18, 2019

Last year, the NLRB established a revised policy for assessing whether an otherwise neutral employer rule violates federal labor law. The so-called “Boeing Standard” takes a more balanced approach than the policy it replaced, which made it very diffi


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