173 results for 'cat:"Arbitration" AND cat:"Employment"'.
J. Rakoff denies The Four Seasons hotel's motion to compel arbitration and to strike class allegations in this suit brought by employees who were placed on indefinite furlough pursuant to Covid-19 protocols. Factual allegations suggest that the employees were subject to an effective permanent layoff, lasting longer than 6 months. Such claims are contractually exempt from mandatory arbitration. A class-action waiver cited by the hotel is not applicable.
Court: USDC Southern District of New York, Judge: Rakoff , Filed On: July 5, 2023, Case #: 1:22cv6781, NOS: Other Labor Litigation - Labor, Categories: arbitration, employment, Covid-19
J. Wiley finds that an employer forfeited its right to compel the arbitration of a wrongful termination claim when it failed to timely pay arbitration fees. And the arbitrator lacked the authority to to cure the employer's breach of the arbitration agreement or stop the employee from withdrawing from arbitration. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: June 28, 2023, Case #: B318880, Categories: arbitration, Civil Procedure, employment
J. Haines finds that Idlewild Park and SoakZone may force a lifeguard to arbitrate sexual harassment claims contending she had been fired when employers discovered she was in a relationship with a woman because the employer sufficiently pleaded the employee received a digital copy of the company's arbitration agreement upon hire and that her termination preceded the "ending forced arbitration of sexual assault and sexual harassment act" of 2021.
Court: USDC Western District of Pennsylvania, Judge: Haines, Filed On: June 27, 2023, Case #: 3:22cv165, NOS: Employment - Civil Rights, Categories: arbitration, employment, Lgbtq
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J. Carson finds that the lower court properly declined to compel arbitration in a staffing plan dispute between a nurses' union and an employer. While both parties did agree to arbitrate disputes regarding the relevant collective bargaining agreement, that plan did not intend to cover staffing plan disputes. Because the main thrust of their dispute revolves around the staffing plan, the claims are not compelled to arbitration. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: June 13, 2023, Case #: 21-3146, Categories: arbitration, employment, Labor / Unions
J. Bassett finds an arbitrator's decision that the city wrongfully fired an officer and that the officer is entitled to 26 months of backpay from the city is incorrect. J. Bassett agrees with the city that the arbitrator made a legal error by failing to correctly apply the after-acquired evidence doctrine in determining the amount of the award owed to the officer. Reversed in part.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: June 7, 2023, Case #: 2021-0511, Categories: arbitration, employment
J. Kronstadt grants an employer's motion to dismiss an employee's allegations of wage and hour violations. An enforceable arbitration agreement exists between the parties as part of the collective bargaining agreement, therefore the court lacks subject matter jurisdiction over all of the employee's claims, and the entire action must be dismissed. The parties shall submit the claims to arbitration.
Court: USDC Central District of California, Judge: Kronstadt, Filed On: June 6, 2023, Case #: 2:21cv6117, NOS: Employment - Civil Rights, Categories: arbitration, employment
J. Kennelly denies a health care access website’s motion to modify a ~$35,000 award an arbitrator granted its former employees in an underlying labor case, but also remands the case to the arbitrator to clarify the material terms of the award of equity options.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: June 5, 2023, Case #: 1:15cv6238, NOS: Fair Labor Standards Act - Labor, Categories: arbitration, employment, Labor
J. Osowik finds the lower court properly denied the attorney's motion to vacate the arbitration award in favor of his former law firm in connenction with a dispute over the parties' partnership agreement. The parties' noncompete clause in the arbitration agreement did not violate Ohio public policy and was clearly violated when the attorney joined a firm in the same building as his previous employer. Affirmed.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: June 2, 2023, Case #: 2023-Ohio-1907, Categories: arbitration, employment
J. Liman confirms the back-pay award to a union employee, plus prejudgment interest on the back pay at 9%. The arbitrator reasonably credited the employee's testimony that he used the racial epithet "nigger" as a term of endearment, not as a racial slur, so the employer did not have cause to fire him.
Court: USDC Southern District of New York, Judge: Liman, Filed On: May 31, 2023, Case #: 1:22cv10994, NOS: Labor/Management Relations - Labor, Categories: arbitration, employment
The appeals court finds that the trial court properly denied an employer's motion to compel the arbitration of an employee's claims made under the Private Attorneys General Act. The arbitration clause in their employment contract unambiguously states that Act claims are not arbitrable, and the employer cannot expect a trial court to add language to the carve-out provision so the employee's claims may be arbitrated.
Court: California Courts Of Appeal, Judge: Per curiam, Filed On: May 30, 2023, Case #: F084167, Categories: arbitration, employment
J. Lehrmann finds the court of appeals improperly determined that an arbitration agreement is unconscionable in an employment discrimination suit. The employee failed to satisfy his burden to prove the arbitration agreement would result in an overwhelming cost to him to pursue his claims. Reversed.
Court: Texas Supreme Court, Judge: Lehrmann, Filed On: May 26, 2023, Case #: 22-0214, Categories: arbitration, employment Discrimination
J. Walter grants Raising Cane’s motion to compel arbitration of the employees’ class action claims that the restaurant company did not pay their full wages, did not compensate their meal breaks and rest periods, and did not reimburse their necessary business expenses. The employees had access to the arbitration agreement that contains a class action waiver, and Raising Cane’s did not waive its right to arbitration when it waited until mediation completed to compel arbitration.
Court: USDC Central District of California, Judge: Walter, Filed On: May 26, 2023, Case #: 2:22cv8296, NOS: Other Labor Litigation - Labor, Categories: arbitration, employment, Class Action
J. Garcia finds that the appellate division improperly held that a union contract bound the town to arbitrate termination of an exempt, confidential employee because under New York's civil service system, exempt-class employees, who include deputies and secretaries chosen by elected officials rather than assigned by merit, are understood to be at-will workers. Reversed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: May 23, 2023, Case #: 40, Categories: arbitration, employment, Labor / Unions