171 results for 'cat:"Arbitration" AND cat:"Employment"'.
J. Alley finds a lower court partially erred in a workplace-injury lawsuit largely centered around which entities specifically are bound by an arbitration agreement. An injured employee, who had agreed to employee injury benefit plan that includes an arbitration clause, is also bound by that agreement when bringing claims against company subsidiaries, as is the case here. Reversed in part.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: May 17, 2024, Case #: 08-23-00137-CV, Categories: arbitration, employment, Contract
Vice Chancellor Zurn dismisses claims in which 85 former BuzzFeed employees seek to arbitrate employment claims against the successor company under provisions contained in old employment agreements because the claims, which rely on the agreements, delegate the question of arbitrability to the arbitrator. Meanwhile, claims in which six employees request to dismiss an action seeking injunctive relief should be dismissed for failure to produce their employment agreements.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: May 15, 2024, Case #: 2023-0377-MTZ, Categories: arbitration, Civil Procedure, employment
J. Bybee finds that the district court properly issued an order compelling arbitration for California Private Attorneys General Act (PAGA) individual claims brought by a class lead plaintiff and vacated the order to the extent it compels arbitration of her non-individual claims. The matter is remanded to the district court to dispose of the non-arbitrable claims. The matter is a class action under PAGA for violations of California’s labor code. Affirmed in part.
Court: 9th Circuit, Judge: Bybee, Filed On: May 10, 2024, Case #: 22-56209, Categories: arbitration, employment, Class Action
J. Bredar denies a freight transport company’s motion for summary judgment in this Family Medical Leave act lawsuit stemming from 63 current and former employees’ complaints. The case has been stayed for several years until the unions pursued arbitration proceedings against the company for suspending or terminating the employees after being accused of abusing the FMLA leave. The freight firm alleges the Railway Labor Act preempts the claims and that if the claims are not preempted, then they are time-barred. The arbitrators did not find a key reason for firing the employees to be pretextual. Therefore, the company failed to meet the burden showing the preclusion issue is warranted.
Court: USDC Maryland, Judge: Bredar, Filed On: May 8, 2024, Case #: 1:18cv744, NOS: Family and Medical Leave Act - Labor, Categories: arbitration, employment, Labor / Unions
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J. Jewell finds that the trial court properly denied the employer's motion to compel arbitration of a former employee's retaliation suit alleging she was fired for reporting that a patient sexually assaulted her. The arbitration agreement is not enforceable based on the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: May 7, 2024, Case #: 14-23-00300-CV, Categories: arbitration, employment
J. Detjen finds that the trial court should have granted an employee's motion to withdraw from arbitration after his former employer failed to timely pay the arbitration fees and costs. The employer was $250 shy of the full amount due, and its argument that the employee had to pay one-half that amount fails because the arbitration agreement's sharing provision only applies to the initial case management fee, which had already been paid. Also, the employee's silence when the employer sought an extension did not mean he "agreed" to the extension. Reversed.
Court: California Courts Of Appeal, Judge: Detjen, Filed On: May 6, 2024, Case #: F086342, Categories: arbitration, employment, Sanctions
J. Shea grants the employer's motion to compel arbitration, ruling the contract at issue in this case is between two business entities and, therefore, is not covered by any exemption to the Federal Arbitration Act, including the exemption involving workers engaged in interstate commerce, such as the delivery drivers who brought the suit. Additionally, the fee-shifting provision of the arbitration clause does not render it unconscionable because the drivers have not shown arbitration costs would be prohibitive, while the bold and large type on the contract negates any argument the agreement was deceptive.
Court: USDC Connecticut, Judge: Shea, Filed On: May 2, 2024, Case #: 3:23cv1695, NOS: Other Labor Litigation - Labor, Categories: arbitration, employment, Labor
J. Bennett grants Sherwin-Williams’ motion to compel arbitration and stay of the proceedings in this employment dispute brought by a former paint mixer who alleges race discrimination based on a failure to rehire claim. The paint mixer argues that the arbitration agreement was outside of the scope of his claims and not valid. The court found the arbitration agreement to be valid and enforceable, delegating the threshold issue of arbitrability to the arbitrator.
Court: USDC Maryland, Judge: Bennett, Filed On: April 30, 2024, Case #: 1:23cv3190, NOS: Employment - Civil Rights, Categories: arbitration, employment Discrimination, employment Retaliation
J. Reiss grants the bank’s motion to stay the action and refer to arbitration in this employment agreement dispute brought by a former executive president who says his assets had been converted. The court found the arbitration clause to be broad as to all disputes related to the employment agreement, and the arbitrator needs to decide the issues of arbitrability.
Court: USDC Vermont, Judge: Reiss, Filed On: April 29, 2024, Case #: 2:23cv274, NOS: Other Contract - Contract, Categories: arbitration, employment, Contract
J. Segal finds that the trial court properly denied an employer's motion to arbitrate an employee's Private Attorneys General Act claims. The trial court had the authority to decide the arbitrability of his claims since the arbitration agreement the employee signed did not clearly delegate arbitrability decisions to an arbitrator. And the agreement itself excluded both the employee's individual and representative Act claims. Affirmed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: April 23, 2024, Case #: B328425, Categories: arbitration, employment
J. Richardson partially grants the restaurant's motion to compel arbitration of the chef's claims in this lawsuit alleging discrimination, retaliation and a hostile work environment. The chef fails to sufficiently create a question of fact regarding whether he electronically signed the arbitration agreement. Accordingly, the court will enforce the arbitration agreement, though the restaurant is not entitled to attorney fees.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: April 16, 2024, Case #: 3:24cv3, NOS: Employment - Civil Rights, Categories: arbitration, employment, Contract
J. Roberts finds that the court of appeals improperly held that bakery employees who worked as truck drivers were not exempt from the Federal Arbitration Act in underlying wage claims based on the erroneous conclusion that employees must be in the transportation industry to be exempt.
Court: US Supreme Court, Judge: Roberts, Filed On: April 12, 2024, Case #: 23-51, Categories: arbitration, employment
J. Baltodano finds that the trial court properly denied an employer's motion to compel arbitration of an employee's wage and hour claims. The arbitration agreement she signed during her first period of working for the employer did not apply to claims arising from a second and distinct period of employment that started after she negotiated a new offer of employment. Affirmed.
Court: California Courts Of Appeal, Judge: Baltodano, Filed On: April 3, 2024, Case #: B329219, Categories: arbitration, employment
J. Sabatino finds that the board of education properly revoked a tenured teacher's license for unbecoming conduct because the teacher failed to demonstrate a constitutional violation, even though the tenure case had already been arbitrated, since the board provided formal written notice, and the teacher will get the chance to be heard at an administrative hearing. Affirmed.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: March 28, 2024, Case #: A-1280-22, Categories: arbitration, employment, Licensing
J. Stabile finds that the lower court improperly resolved a question of fact in this arbitration dispute wherein a teacher alleges a recruiter she hired to get her a new teaching position induced her to quit her job for a new one that never materialized. The complaint established the existence of additional contract terms that must be considered to determine the nature of the relationship between the parties. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: March 28, 2024, Case #: J-A24010-23, Categories: arbitration, employment, Contract
[Consolidated.] J. Larsen finds the lower court properly determined the employer waived its right to arbitrate discrimination claims brought by the deaf employee. It waited more than seven months to file its motion to compel, before which it conducted extensive discovery, took depositions and raised several affirmative defenses, all of which contradicts its argument it intended to rely on arbitration from the outset of the case. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 27, 2024, Case #: 23-1507, Categories: arbitration, Civil Procedure, employment Discrimination
J. Buller finds that a financial advisor was improperly granted an arbitration award after he was fired for improper client trades because he admitted he traded in violation of the employer's policies and Financial Industry Regulatory Authority rules. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 27, 2024, Case #: 23-0439, Categories: arbitration, employment
J. Smith finds that the trial court improperly mandated arbitration in claims contending a pain specialist was fired for reporting sexual harassment because the ambiguous arbitration agreement contained several clauses that rendered each other meaningless. Reversed.
Court: New Jersey Appellate Division, Judge: Smith , Filed On: March 25, 2024, Case #: A-1703-22, Categories: arbitration, employment