173 results for 'cat:"Arbitration" AND cat:"Employment"'.
J. Rice denies the IT company's motion to compel arbitration in the job trainee's complaint that the IT company fired her for unapproved absences while she took maternity leave. Although the job trainee signed the arbitration agreement on her first day of work, she lacked a meaningful choice because none of the information that the IT company gave her contained information about arbitration, and it subjected her to time pressure to sign the documents on the first day.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: March 19, 2024, Case #: 2:24cv17, NOS: Employment - Civil Rights, Categories: arbitration, Civil Rights, employment
J. Leeson grants a manufacturer’s motion to compel arbitration against a former employee alleging race discrimination. The contract the plaintiff entered into upon starting employment, which agreed to arbitrate such matters, is valid and enforceable.
Court: USDC Eastern District of Pennsylvania, Judge: Leeson, Filed On: March 19, 2024, Case #: 5:23cv2622, NOS: Employment - Civil Rights, Categories: arbitration, employment, employment Discrimination
J. Cole finds the lower court properly granted the freight broker's motion to compel arbitration with the trucking company. The Section 1 exemption of the Federal Arbitration Act, which excludes employment agreements between companies and rail workers, does not apply to this case, which involves a contract between two business entities. Affirmed.
Court: 6th Circuit, Judge: Cole, Filed On: March 18, 2024, Case #: 23-1777, Categories: arbitration, employment, Contract
J. Thompson grants a hospital and its chief of surgery’s motion to stay and compel arbitration in this employment dispute brought by a former employee. The employee must pursue her numerous claims, including fraud, negligence, sex discrimination, and assault and battery claims, through arbitration and this case is administratively closed pending the outcome.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: March 18, 2024, Case #: 2:22cv178, NOS: Employment - Civil Rights, Categories: arbitration, employment, Interference With Contract
J. Pedersen compels to arbitration a complaint alleging that the company penalized and later fired the employee after he requested extended leave following a heart attack. The employee had been informed of the arbitration agreement, given a link to the agreement, and provided choices to accept the agreement. The arbitration agreement covers the dispute between the parties and is not unconscionable.
Court: USDC Western District of New York, Judge: Pedersen , Filed On: March 15, 2024, Case #: 6:23cv6569, NOS: Employment - Civil Rights, Categories: arbitration, employment
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J. Kennedy finds that the lower court properly denied the appellants' motion to compel arbitration in this lawsuit involving a multi-level marketing company and its directors. As to the corporate appellants, they "substantially invoked the judicial process to the detriment of appellees," while the individual appellants fail to show "the existence of an agreement to arbitrate." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: March 14, 2024, Case #: 05-23-00661-CV, Categories: arbitration, employment, Fiduciary Duty
J. Pitman mostly adopts a report and recommendations in a civil rights suit brought by a former district manager against a Whataburger franchisee for alleged discrimination against him based on his sex and sexual orientation, finding, among other things, that the former manager cannot bring unconscionability arguments over clauses in his contract which the franchisee has already agreed to waive. The franchisee also cannot compel arbitration because the agreement required arbitration before the American Mediation Association, which no longer exists.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: March 12, 2024, Case #: 1:23cv686, NOS: Employment - Civil Rights, Categories: arbitration, Civil Procedure, employment
J. VanDyke partially affirmed a district court order denying the employer’s motion to compel arbitration in a class action suit alleging violations of California labor laws. During the pertinent period of employment, the employees worked at a California warehouse facility, which received Adidas watches, apparel, and shoes from mostly international locations. Although the employees moved goods only a short distance across the warehouse floor and onto storage racks, they nevertheless moved them, and with the direct purpose of facilitating their continued travel through an interstate supply chain. Further, the fact that the employer is in the warehousing business, not directly in the transportation industry, does not mean the employees cannot claim the transportation worker exemption of the Federal Arbitration Act. Affirmed in part.
Court: 9th Circuit, Judge: VanDyke, Filed On: March 12, 2024, Case #: 23-55147, Categories: arbitration, employment, Class Action
J. Smith finds that the lower court improperly confirmed an arbitration award in this dispute between the appellant and his former employer. The arbitrator ordered the appellant's deposition to occur after a certain date "in direct contravention of the parties' agreement." Accordingly, the award "exceeded the arbitrator's authority." Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 7, 2024, Case #: 05-22-01190-CV, Categories: arbitration, Civil Procedure, employment
Per curiam, the circuit finds that the district court properly issued a preliminary injunction to a nurse from the Philippines who challenged an arbitration clause contained in his work contract because he raised serious questions on the narrow issue of whether the "loser pays" provision would deter someone from pursuing arbitration due to potential costs. However, more detailed findings on the merits are required on remand, including information about the nurse's financials, potential costs in arbitration, and the likelihood of incurring such costs. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 7, 2024, Case #: 23-303-cv, Categories: arbitration, employment
J. Leeson grants a staffing agency’s motion to compel arbitration with a former employee, a trans man, alleging he was not called back into a warehouse staffing role due to gender-identity discrimination. The employee signed an agreement agreeing to arbitrate all employment disputes arising from their business dealings with the company.
Court: USDC Eastern District of Pennsylvania, Judge: Leeson, Filed On: March 5, 2024, Case #: 5:23cv2741, NOS: Employment - Civil Rights, Categories: arbitration, employment, employment Discrimination
J. Lopez denies an energy company's motion to compel arbitration concerning sexual assault claims brought by a laborer against a superintendent, which allegedly resulted in her termination after she filed a complaint. Although the employee does not dispute the existence of a signed arbitration agreement, she sufficiently argues that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act bars arbitration of her dispute.
Court: USDC Southern District of California, Judge: Lopez, Filed On: March 1, 2024, Case #: 3:23cv653, NOS: Employment - Civil Rights, Categories: arbitration, employment
J. Cooper confirms an arbitration award in favor of a postal police officer's union concerning the USPS's issuance of a directive, which said postal police officers were not supposed to exercise their powers off grounds, that violated the parties' collective bargaining agreement. Upon remand, the arbitrator must "hash out the parties' differences" concerning USPS's compliance with the arbitrator's prior ruling.
Court: USDC District of Columbia, Judge: Cooper, Filed On: February 28, 2024, Case #: 1:23cv675, NOS: Other Labor Litigation - Labor, Categories: arbitration, employment, Labor / Unions
J. Cummings partially grants a real estate crowdfunding platform and payroll management company’s motions to compel arbitration in an employment suit brought by one of the platform’s former executives. The former executive claims the defendants owe her the bonuses she earned in 2022, along with 90 days’ notice wages. The defendants moved for arbitration on her wage claims. The court finds arbitration is appropriate for the former executive’s dispute with the payroll management company, and stays the underlying claims against the real estate platform while that arbitration is pending.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: February 22, 2024, Case #: 1:23cv4120, NOS: Other Contract - Contract, Categories: arbitration, employment, Contract
J. Harrison finds the county court properly dismissed the OB/Gyn's petition to modify an arbitration award. The doctor was terminated from her employment with the hospital, and the arbitrator awarded her almost $100,000 for 120 days' compensation, less a $25,000, unearned sign-on bonus. The doctor says the award was made under an alternative contract provision not cited in the parties’ statements of claim, and that the arbitrator improperly made the award on an unsubmitted claim. Though the hospital did not prove the doctor’s conduct violated a provision for termination with cause, it had the contractual authority to dismiss her upon payment of the 120 days’ compensation. Nothing in the record indicates the arbitrator exceeded his jurisdiction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: February 21, 2024, Case #: CV-22-449, Categories: arbitration, employment, Health Care
J. Solomon finds that the appellate division improperly vacated an arbitration decision entered against a teacher in claims contending she fell down a staircase. Security footage caught the teacher placing a piece of paper on the floor, and state law neither limits nor addresses penalties that may be imposed by an arbitrator. Here, the arbitrator did not exceed his powers by demoting the teacher. Reversed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: February 12, 2024, Case #: A-45-22, Categories: arbitration, employment
J. Fletcher finds that the district court properly entered an order compelling arbitration of a Private Attorneys General Act of 2004 (PAGA) class claim concerning employment with Lowe’s Home Centers. However, the district court erred in dismissing the lead plaintiff's non-individual PAGA claims. Affirmed in part.
Court: 9th Circuit, Judge: Fletcher , Filed On: February 12, 2024, Case #: 22-16486, Categories: arbitration, employment
J. Cabret finds the superior court properly entered orders dismissing without prejudice and compelling arbitration in the employee's lawsuit in part claiming he was wrongfully fired by the resort company. The employee incorrectly argues that the parties' arbitration agreement only covers "previously asserted claims" and not the claims in his lawsuit. Because the plain language of the agreement clearly includes the employee's claims, and because he has failed to show the agreement is unconscionable, the superior court's orders stand even though it made an error in holding that the agreement is governed by the Federal Arbitration Act. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: February 9, 2024, Case #: 2024 VI 11, Categories: arbitration, employment, Contract