173 results for 'cat:"Arbitration" AND cat:"Employment"'.
J. Moor finds that the trial court properly denied a motion to compel arbitration of an employee's sexual harassment and assault claims. An arbitration agreement before he asserted his claims is not valid. Under the federal Ending Forced Arbitration of Sexual Assault and Harassment Act, a dispute does not arise solely when a party suffers an injury. The Act requires that a party assert a right, claim or demand and that the opposing party take an adversarial position. Affirmed.
Court: California Courts Of Appeal, Judge: Moor, Filed On: January 29, 2024, Case #: B326830, Categories: arbitration, employment
J. Dato holds that the trial court should have granted an employee's motion to vacate a stay of his wage and hour claims. His employer had court proceedings stayed and took the dispute to arbitration as called for in an employment agreement. The employer waived its right to arbitration by failing to pay arbitration fees within 30 days. Vacated.
Court: California Courts Of Appeal, Judge: Dato, Filed On: January 24, 2024, Case #: D082429, Categories: arbitration, employment
J. Robie finds that the trial court properly denied a motion to compel arbitration of employment discrimination and retaliation claims after deciding not to sever the unconscionable terms of an employment contract's arbitration provision. The procedural and substantive unconscionability of the provision is so extensive, the trial court could not just eliminate the bad parts but would have had to rewrite it entirely. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: January 16, 2024, Case #: C097674, Categories: arbitration, employment
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J. Palafox finds a lower court ruled correctly in denying a company’s motion to compel arbitration after it was sued by an worker in a slip-and-fall negligence lawsuit. While the company argues that the worker was subject to a valid arbitration agreement, the worker meets requirements for exemptions under the Federal Arbitration Act, including because he is “a member of a class of workers engaged in interstate commerce.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: January 12, 2024, Case #: 08-23-00082-CV, Categories: arbitration, employment, Negligence
J. Fujisaki finds that the trial court properly refused to compel arbitration of employees' individual wage and hour claims. The subject arbitration agreement is unenforceable because it impermissibly requires employees to waive their right to bring representative Private Attorneys General Act claims in all forums. And because of the agreement's nonseverability and poison pill clauses, the whole arbitration agreement is unenforceable. Affirmed.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: January 8, 2024, Case #: A167091, Categories: arbitration, employment, Class Action
J. Chuang grants Uber’s motions to compel arbitration and dismiss in an underlying employment contract dispute with one of its drivers. The driver claims the rideshare company hacked the app sending her to pick up to various problematic passengers and after she complained they deactivated her account. The court finds that the signing of an arbitration clause in the parties’ contract means the case must be dismissed and go before an arbitrator.
Court: USDC Maryland, Judge: Chuang, Filed On: January 5, 2024, Case #: 8:23cv2149, NOS: Other Contract - Contract, Categories: arbitration, employment, Contract
J. Sessions grants a college and its current president’s motion to stay in this employment contract dispute brought by the former president alleging discrimination and retaliation. The college argues this case needs to go to arbitration on all claims as stated in the employment agreement. The college and its current president have met the burden that arbitration is needed and its inherent power to control the docket.
Court: USDC Vermont, Judge: Sessions, Filed On: January 3, 2024, Case #: 2:23cv393, NOS: Employment - Civil Rights, Categories: arbitration, employment, Contract
Per curiam, the court of appeals enforces an arbitration award in claims brought after a trooper was fired for sexually assaulting her co-workers at an industry event because the arbitrator had the power to determine the trooper had been fired without just cause instead of finding that she had been disciplined with an unpaid suspension. Reversed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: December 28, 2023, Case #: 363241, Categories: arbitration, employment
J. Hughes finds that the employment of a department of homeland security field officer was improperly terminated on arbitration after he he falsified his time sheet and a travel report because the arbitrator failed to consider the employee's claims that his discipline was inconsistent with other similarly situated federal employees. Reversed.
Court: Federal Circuit, Judge: Hughes, Filed On: December 20, 2023, Case #: 2022-2003, Categories: arbitration, employment
Per curiam, the circuit finds that the district court improperly lifted a stay of litigation pending arbitration in class wage claims brought against a Manhattan strip club because arbitration had not occurred to affect the stay since the employer refused to pay the high filing fee, citing that the license agreement between the club and its entertainers provided equal sharing of arbitration costs.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 20, 2023, Case #: 22-2959, Categories: arbitration, employment
J. Stevens finds that the lower court improperly denied the restaurant group's motion to compel arbitration in an employee's sex discrimination and retaliatory discharge suit. The restaurant did not violate any procedural prerequisites to arbitration, and the question of arbitrability rests with the arbitrator pursuant to the parties' contract. Reversed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: December 5, 2023, Case #: ED111609, Categories: arbitration, employment Retaliation
J. Young administratively closes a former employee’s claims against her former employer for allegedly depriving her and other employees of wages earned for staging duties and travel time. A valid arbitration agreement exists, which the former employee does not hold an exemption from, so her claims need to be arbitrated.
Court: USDC Massachusetts, Judge: Young, Filed On: December 5, 2023, Case #: 1:21cv10751, NOS: Fair Labor Standards Act - Labor, Categories: arbitration, Commerce, employment
J. Polster grants the employer's motion to dismiss and compel arbitration, ruling the employment agreements signed by loan officers require all matters of employment, including Fair Labor Standards Act claims, be decided by an arbitrator. Furthermore, the employer's decision to file state court suits against loan officers for recoupment of sign-on bonuses did not constitute a waiver because the bonuses were governed by separate agreements.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: December 4, 2023, Case #: 1:23cv285, NOS: Fair Labor Standards Act - Labor, Categories: arbitration, employment, Labor
J. Cody upholds the trial court determination that a mandatory arbitration agreement between an H-2A foreign agricultural worker and his employer was void, and that his employment complaint could proceed. The employer had not included the agreement in its list of material terms of employment in seeking labor department certification under the H-2A program. Affirmed.
Court: California Courts Of Appeal, Judge: Cody, Filed On: November 22, 2023, Case #: B327137, Categories: arbitration, employment
J. Messitte denies an employer’s motion to stay case and remand to arbitration to permit expert evidence and grants summary judgement in favor of the union in this wrongful termination of an employee labor dispute. The employee was allegedly terminated after he failed a drug screening violating the parties’ agreement leading to arbitration. The arbitrator directed the employee be reinstated with back pay. The court orders $76,056.00 in damages and attorney fees owed to the union.
Court: USDC Maryland, Judge: Messitte, Filed On: November 22, 2023, Case #: 8:23cv780, NOS: Employment - Civil Rights, Categories: arbitration, employment, Settlements
J. Nelson grants the railroad company's motion to compel arbitration regarding the employee's complaint alleging that he was fired because he is Black and opposed the company's discriminatory policies. The employee claims that the arbitration clause is unenforceable due to it undermining Utah and Oregon laws against employment discrimination, but the employee does not and cannot identify case law that denies arbitration solely based on federal and state public policies because arbitration is meant to be a forum to resolve employment discrimination claims.
Court: USDC Oregon, Judge: Nelson, Filed On: November 21, 2023, Case #: 3:23cv118, NOS: Employment - Civil Rights, Categories: arbitration, employment, employment Discrimination
Per curiam, the circuit finds that the district court improperly denied Uber drivers limited discovery and directed them to arbitration in a class action over pay. Further discovery is required to assess whether the drivers qualify for an arbitration exemption since their work involves interstate trips.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 14, 2023, Case #: 22-98-cv, Categories: arbitration, employment, Class Action