170 results for 'cat:"Arbitration" AND cat:"Employment"'.
J. Edwards finds the trial court improperly denied the third-party retailer's bid to compel arbitration in an employee's disability discrimination lawsuit over a lack of accommodations for a workplace injury she suffered. In part because a valid arbitration agreement exists between the parties and all three factors for arbitration are met under the relevant precedent, the trial court should have granted the retailer's motion to dismiss and compelled arbitration. Reversed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: November 9, 2023, Case #: 23-2312, Categories: arbitration, employment Discrimination
J. Zilly grants GRE Management's motion to compel arbitration in the assistant community manager's lawsuit alleging that the real estate agency and others denied her job promotions because of her race and refusal to return to the office while she took care of her disabled son. All five of the assistant community manager's claims against GREM fall within the scope of their agreement, which contains an arbitration provision and is valid because the assistant community manager signed that she acknowledged it as such.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: November 7, 2023, Case #: 3:23cv5578, NOS: Employment - Civil Rights, Categories: arbitration, Civil Rights, employment
J. Burns finds that the trial court must stay trade secret litigation against a company that allegedly received confidential information from an employee it poached from a competitor. The stay should remain in force for the duration of arbitration proceedings between the employee and his previous employer, the competitor. However, the trial court was right that the company cannot require the arbitration of the previous employer's trade secret claims against the company because the company was not a party to an arbitration agreement. Reversed in part.
Court: California Courts Of Appeal, Judge: Burns, Filed On: November 1, 2023, Case #: A165378, Categories: arbitration, employment, Trade Secrets
J. Counts adopts a magistrates report and recommendations, and compels arbitration in a lawsuit between an oil services company and employees who say they were misclassified as independent contractors and underpaid for overtime. Despite objections by employees, this case should first go to arbitration because the workers signed a valid arbitration agreement.
Court: USDC Western District of Texas , Judge: Counts, Filed On: October 31, 2023, Case #: 7:22cv176, NOS: Fair Labor Standards Act - Labor, Categories: arbitration, employment, Labor
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J. Chuang grants a bank’s motion to dismiss and compel arbitration on a former worker’s race discrimination, age discrimination, retaliation and contract claims arising when she was terminated. There is no dispute that the former employee’s claims are arbitrable.
Court: USDC Maryland, Judge: Chuang, Filed On: October 18, 2023, Case #: 8:23cv643, NOS: Employment - Civil Rights, Categories: arbitration, employment Discrimination, employment Retaliation
J. Lopez grants Lowe's motion to arbitrate wage payment violation claims brought by a proposed class of employees. Although the employee signed a form to opt out of an agreement to arbitrate in 2017, the parties dispute whether the opt-out was valid as to the employee's 2014 employment agreement. It is undisputed that the 2014 arbitration agreement is valid and that it calls for an arbitrator to make decisions regarding arbitrability issues. Therefore, an arbitrator must determine whether the 2017 opt-out form exists, is valid and is enforceable.
Court: USDC Southern District of California, Judge: Lopez, Filed On: October 13, 2023, Case #: 3:22cv545, NOS: Other Labor Litigation - Labor, Categories: arbitration, employment
J. Siddoway finds that the lower court improperly held that an arbitration agreement does not apply to an employment matter between a beauty company and a class of its independent contractors working as distributors. While there is a matter of enforceability regarding the forum selection clause of the agreement that requires further proceedings, the arbitration agreement is not too narrow to encompass the claims and can apply to the case. Reversed.
Court: Washington Court Of Appeals, Judge: Siddoway, Filed On: October 5, 2023, Case #: 38842-5-III, Categories: arbitration, employment
J. Block, in a rare ruling, awards a former Bronx Community College substitute athletic manager $75,000 in attorney fees despite a jury finding that he failed to prove that he was wrongfully terminated after receiving allegations of sexual harassment from a female athlete and awarded him $1 in nominal damages for his due process claims. The court finds the unique circumstances regarding his claims warranted the extraordinary award, most notably on the basis that CUNY mooted an arbitration proceeding which ultimately deprived him of his liberty interest in clearing his name from the underlying accusations.
Court: USDC Eastern District of New York, Judge: Block, Filed On: October 3, 2023, Case #: 1:19cv480, NOS: Other Civil Rights - Civil Rights, Categories: arbitration, employment, Attorney Fees
J. Hartz finds that the lower court improperly denied a motion from an investigative services company seeking to compel arbitration in an overtime wages dispute with its employees. Under an "Arbitrator Decides Clause" in the relevant agreement, it is up to an arbitrator, not the court, to resolve the question of whether the employment agreement can be applied to the current dispute. The court as well incorrectly certified a class of employees in the dispute, so the class is vacated while the matter proceeds to arbitration. Reversed.
Court: 10th Circuit, Judge: Hartz, Filed On: October 3, 2023, Case #: 22-1168, Categories: arbitration, employment, Class Action
J. Menendez-Miro grants summary judgment to an employer in this matter surrounding termination. An employee was terminated from his position as an electrical and mechanical production technician when he allegedly failed to comply with the company’s Covid-19 protocols, and was absent from work for a seven-day period. The employee’s union filed a grievance that went to arbitration, but the arbitrator found the union and the employee failed to follow complaint and filing procedures outlined in the collective bargaining agreement, rendering the matter as not procedurally arbitrable. The instant court agrees with the arbitrator’s findings.
Court: USDC Puerto Rico, Judge: Menendez-Miro, Filed On: October 2, 2023, Case #: 3:22cv1506, NOS: Employment - Civil Rights, Categories: arbitration, employment, Labor / Unions
J. Streeter finds that the trial court properly denied motions to compel arbitration of wage and hour claims against rideshare companies Uber and Lyft. The state, which brought the claims as civil enforcement actions, is not a party to the arbitration agreements signed by rideshare and delivery drivers. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: September 28, 2023, Case #: A166355, Categories: arbitration, employment
J. Battaglia denies a baked goods company's motion to compel arbitration concerning a class of employees' California Labor Code violations. The existing arbitration clause in their employment agreements "contains multiple unconscionable provisions that significantly hinder plaintiffs' ability to bring claims against defendant, imposes a hefty financial burden on plaintiffs alone, and excludes from arbitration those claims most likely to be brought by defendants." These circumstances "demonstrate an intent to force a weaker party into unfair arbitration."
Court: USDC Southern District of California, Judge: Battaglia, Filed On: September 13, 2023, Case #: 3:22cv1269, NOS: Other Labor Litigation - Labor, Categories: arbitration, employment, Class Action
J. Downing finds the trial court properly confirmed the arbitration award, vacating the later clarified award arising from a grievance filed by an officer who was terminated for violations discovered during an abandoned FBI investigation that led to an internal investigation. The arbitrator has stated that the issue presented on remand was the same as that presented at the time of the initial award: "Was [the officer's] employment... terminated for just cause?" Nothing about this issue included anything after the initial award, and the arbitrator exceeded his authority by issuing the clarified award because the issue of back pay during the pending litigation was not part of that originally presented. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Downing , Filed On: September 13, 2023, Case #: 120670, Categories: arbitration, employment, Police Misconduct
J. Schofield affirms an arbitral award in this matter concerning arbitration. An employee filed suit against his employer, and the parties were ordered to participate in arbitration per their agreement. The arbitrator found in favor of the employer and awarded sanctions in the amount of $11,416 and $23,026. The employee now appeals, arguing the award should be vacated, as the arbitrator did not properly conduct the arbitration. The instant court finds the employee's arguments are unsupported and without merit, grants the employer’s motion for summary judgment and confirms the arbitral award.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: September 12, 2023, Case #: 1:20cv10500, NOS: Arbitration - Other Suits, Categories: arbitration, employment, Sanctions
J. Tymkovich finds that the lower court improperly issued an order that reopened an employment case where an individual sued his employer with age discrimination claims after he was fired. The individual voluntarily dismissed his suit when his contract required him to arbitrate his claims, but when the arbitrator did not find in his favor, he moved to reopen his case. The lower court did not have the authority to grant this request because it was voluntarily dismissed without prejudice, and as a result, was not a final order. Reversed.
Court: 10th Circuit, Judge: Tymkovich , Filed On: September 11, 2023, Case #: 22-1252, Categories: arbitration, Civil Procedure, employment
J. Brody finds that the trial court did not err in finding that an employee was not entitled to treble damages on incentive pay since the employer paid the wages within the statutory 10-day period. The employee's severance pay, wrongful termination and rescission claims fell under the employment contract's arbitration clause. However, it was error to dismiss the arbitrable claims before they were resolved in arbitration since trial courts retain jurisdiction until arbitration parties seek confirmation and final judgment. Reversed in part.
Court: Idaho Supreme Court, Judge: Brody, Filed On: September 8, 2023, Case #: 49933, Categories: arbitration, employment, Jurisdiction
J. Fisher reverses an employee relations board's decision to uphold an arbitration award ordering that a police officer be reinstated after the arbitrator found the police department waited to long to serve notice of the disciplinary action. The Comprehensive Policing and Justice Reform Amendment Act of 2022, which was passed during the pendency of this case and applies retroactively, repealed the 90-day rule at issue. Reversed.
Court: DC Court of Appeals, Judge: Fisher, Filed On: September 7, 2023, Case #: 19-CV-1161 , Categories: arbitration, employment, Labor