It had been far too long since I last caught up with Nina Pirrotti, who represents employees and whom I’ve had a continuing “Dialogue” on employment law issues for several years now. In fact, last time we spoke for the blog, it was exactly one year ago when we were full of optimism over the
Surprise! Congress Passes Ban on Arbitration Clauses for Sex Harassment Claims
Back in 2016, I noted that Congress had a major problem passing major legislation. Of course, at the start of the pandemic, it passed paid COVID leave and related legislation but other than that, it’s been a LONG time since it passed anything significant.
Yesterday, the Senate joined the House in passing H.R.
Three Questions with … Mediator Robert Harris
One of the longest recurring features here has been a Q&A with various professionals that add some perspectives on what is going on in a specific area.
Today, I have the fortune of publishing a Q&A with Robert Harris, who serves as Senior Vice President and Deputy General Counsel for Radian Group. I’ve been…
Stripping Away the Arguments, Exotic Dancers Prevail in Misclassification Case
Among the employment law questions that most people ask, I can tell you that “Are strippers independent contractors or employees?” isn’t one of them.
And yet, having posed the question, isn’t there something about it that demands an answer? After all, the employment laws we have should apply to everyone, right?
Video Mediation For Employment Law Cases: Here to Stay?
Last week, I had the opportunity to listen in on an informative CLE program sponsored by the Practicing Law Institute on video mediation. I’ve already participated in several of these mediations and have started incorporating them into the mediations that I do for other attorneys.
The term “video mediation” is still a work in progress.…
Where Have All The Supreme Court Employment Law Cases Gone?
In a few weeks, the Connecticut Supreme Court will begin it’s next session. As I looked at the calendar assignment for the first term, what I began to realize is something that’s been gnawing at me for a while — there’s not an employment law case to be found on the docket.
Then I started…
Wage & Hour Claims Still Going Strong and Yet…
Back in 2011, I wondered aloud: Might the impact of new arbitration decisions from the U.S. Supreme Court bring about the end to big wage & hour class actions?
At the time, I said it would be premature.
Seven years later – what’s changed?
Well, as it turns out, wage & hour class actions…
After Epic Systems, Employers Face New Considerations on Arbitration Agreements with Class Waivers
As I noted earlier this week, the U.S. Supreme Court has approved of the use of class action waivers in arbitration agreements with employees.
My colleague, Gabe Jiran, has a recap of Epic Systems v. Lewis on my firm’s blog, Employment Law Letter, that you can access here.
So, it’s a foregone conclusion that employers…
BREAKING: In “Epic” Decision, Supreme Court Approves of Employer Use of Class Action Waivers in Arbitration Agreements
In an important 5-4 decision, the U.S. Supreme Court this morning held, for the first time, that class or collective action waivers, particularly in wage/hour cases, and contained in arbitration agreements between employers and employees are valid and enforceable.
Because wage and hour class and collective actions are quite costly for employers to defend…
Arbitration Provision in Employment Agreement Mandates, Well, Arbitration
- Suppose there’s an old employment agreement between the employer and employee. Then the employer fires the employee.
- But there’s been a few intervening events and it’s not exactly clear that the employment agreement still applies.
- Indeed, there’s another contract (let’s call it an supplier agreement) that seems to provide an independent basis for ending the