In Morgan v. Sundance, Inc., the U.S. Supreme Court resolved a circuit split regarding whether a party has waived its right to arbitrate. Under the test reviewed by the
Continue Reading Supreme Court Holds Waiving Arbitration Does Not Require Proof of Prejudice
In Episode 4, hosts Ryan Bykerk and Philip Person discuss all things arbitration with Amir Vonsover, head of Global Employment & Ethics at eBay.
Listen to episode 4 of GT’s
Continue Reading GT’s The Performance Review Podcast Episode 4: To Arbitrate Or Not… And How? And Why?
On May 21, 2018, in a 5-4 decision, the United States Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis, 584 U.S. ____ (2018), holding that
Continue Reading Supreme Court Holds That Employer Sponsored Arbitration Programs do not Violate National Labor Relations Act
Employers in the gaming and hospitality arena are eagerly awaiting the results of the upcoming changes to the legal landscape that are expected to emerge from a business-oriented administration. These
Continue Reading The DOJ’s Evolving View of the Interplay Between the Federal Arbitration Act and the National Labor Relations Act
In a decision likely to have significant ramifications for employers, a divided panel of the Ninth Circuit Court of Appeals ruled last week that employers cannot require employees to individually
Continue Reading Ninth Circuit Court of Appeals Widens Circuit Split as to Class Action Waivers in Employee Arbitration Agreements
In a 4-3 decision, the California Supreme Court recently determined that the question of “who decides whether [an arbitration] agreement permits or prohibits classwide arbitration” is not subject to a
Continue Reading Split California Supreme Court Holds that without Express Agreement, Classwide Arbitrability is not a ‘Gateway Issue’ that must be Decided by the Court
Today, the U.S. Supreme Court again tackled the thorny issue of arbitration in light of the Federal Arbitration Act and struck down a California rule that effectively invalidated arbitration agreements that prevented class actions.
Continue Reading Class Act: Supreme Court Invalidates State Court Rule Requiring Class Arbitration
Many employers require that employees agree in writing to arbitrate any disputes that may arise in connection with their employment. The reason is simple: arbitrating employment disputes usually is less
Continue Reading The End of Class Arbitration?