There’s been a fair amount of buzz about mandatory arbitration of employment disputes lately. The Supreme Court of the United States (SCOTUS) has issued three (yes three) rulings on requiring employees/consumers to submit disputes to binding arbitration. Do you have such a requirement? Are you thinking of adopting one? Is it really such a great […]
Some employers require employees to sign agreements in which they consent to submit any employment-related disputes to binding arbitration in stead of filing a lawsuit or a charge. I know I’ve written about the is topic at least a few times (here, here and here, for example) but bear with me, OK? The topic is […]
I previously wrote here about the NLRB case, D.R. Horton, which found that mandatory arbitration agreements violate the National Labor Relations Act. The 5th Circuit Court of Appeals overruled that decision in December 2013. Apparently that does not bother the NLRB… What’s up with that –and what’s an employer to do? We should –and will–talk about that–after the […]
It’s time to wrap-up the mini-series on mandatory employment arbitration! If you are just joining us, The Emplawyerologist established here, here and here that mandatory employment arbitration policies are generally enforceable when they meet certain criteria. While we know an employer can compel employees to submit disputes to binding arbitration, should an employer do so? What are the advantages […]
Happy Thanksgiving! We have been exploring pitfalls encountered when employers require employees to submit employment-related disputes to binding arbitration rather than filing a lawsuit. This week, The Emplawyerologist focuses on the National Labor Relations Board (NLRB)’s attempt to limit this practice by employers.