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 […]
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.
Can an employer require employees to submit employment-related disputes to binding arbitration? In general, “yes”. How does an employer make that happen? If you joined The Emplawyerologist from the beginning you already know the answer: include a written arbitration clause in your employment contract. (If you are first joining us, that material is available here.) […]