Searching Content indexed under Litigation, Mediation & Arbitration by Ford & Harrison LLP ordered by Published Date Descending.
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California Governor Signs AB 5
California Governor Gavin Newsom has signed AB 5, and the new law will take effect January 1, 2020. As discussed in our September 13 Alert, AB 5 codifies the existing "ABC Test"
United States
3 Oct 2019
Will Player And Employee Empowerment Kill Arbitration Agreements?
Whether you follow sports or not, you have likely heard about the current state of professional sports, particularly the NBA, referred to as the era of "player empowerment."
United States
1 Oct 2019
Lessons In Drafting And Implementing An Enforceable Mandatory Arbitration Agreement
Recently, the California Supreme Court invalidated a mandatory arbitration agreement in OTO, LLC v. Kho (August 29, 2019) finding the agreement was both procedurally and substantively unconscionable.
United States
23 Sep 2019
Amazon Studios' The Boys Illustrates Potential Vicarious Liability For Employers
Within the past week or so, I started to watch an Amazon Studios television series called The Boys. Based on a comic book series of the same name, The Boys posits a world in which superheroes
United States
23 Aug 2019
NMB Adopts Rule Change To Simplify The Decertification Process Of Labor Unions
Executive Summary: On July 26, 2019, the National Mediation Board (NMB) announced that it is amending its regulations to provide a straightforward procedure for the decertification
United States
1 Aug 2019
Ninth Circuit Withdraws Decision Applying Dynamex Retroactively
Executive Summary: On July 22, 2019, the Ninth Circuit withdrew its recent decision applying the landmark employee/independent contractor classification case
United States
1 Aug 2019
DOL Pivots, Providing Guidance Likely To Mitigate Recent Blitz Of Minimum Wage Class Actions Related To Sleep Time And Off Duty Time Spent In Vehicles
Almost all long-haul drivers are exempt from overtime under the motor carrier exemption to the Fair Labor Standards Act (FLSA).
United States
29 Jul 2019
U.S. Supreme Court Declines To Review Two Airline Industry Cases
The United States Supreme Court recently denied petitions to consider two U.S. Court of Appeals decisions adversely affecting the airline industry.
United States
10 Jul 2019
NLRB Provides Hospitals And Other Employers Greater Control Over Their Private Property Available To The Public
Executive Summary: In a 3-1 decision, the National Labor Relations Board ("NLRB" or the "Board") recently ruled that employers may prohibit nonemployee union representatives
United States
1 Jul 2019
Seventh Circuit Holds Obesity Is Not ADA Impairment Absent Underlying Physiological Cause
On June 12, 2019, the Seventh Circuit Court of Appeals issued its ruling in the case of Richardson v. Chicago Transit Authority, which was the appeal of a dismissal
United States
26 Jun 2019
Supreme Court Affirms Title VII Administrative Exhaustion Defense Must Be Timely Raised
In a much anticipated decision to settle a significant split between the federal appellate circuits, the Supreme Court held on Monday that Title VII's requirement that a plaintiff file a charge of discrimination with the EEOC prior to filing suit in federal district court is a procedural, not jurisdictional, requirement "that must be timely raised to come into play."
United States
10 Jun 2019
Ninth Circuit Applies Dynamex Retroactively
In 2018, the California Supreme Court adopted the "ABC test" for determining whether workers are independent contractors under California wage orders (the Dynamex decision).
United States
27 May 2019
Supreme Court Says: Express Language Required To Arbitrate On A Class Basis
Executive Summary: Approximately one year ago, in Epic Systems Corp., the United States Supreme Court upheld the enforceability of mandatory arbitration agreements that prohibit employees from
United States
14 May 2019
School Board Not Liable For Disciplining Disabled Educator's Excessive Absenteeism Or Denying Her Leave Requests
Since Congress passed the Americans with Disabilities Act (ADA) in 1990 and state legislatures enacted their own protections requiring employers to accommodate disabled workers
United States
14 May 2019
SCOTUS Certifies Three Cases To Answer The Question Of Whether LGBTQ Rights Are Protected By Title VII
Today, April 22, 2019, the Supreme Court of the United States ("SCOTUS") granted certiorari in three cases involving the question of whether gay and transgender workers
United States
7 May 2019
New Jersey Appeals Court Reaffirms That Obesity Is Not Protected Under NJLAD
Executive Summary: On April 4, 2019, the Appellate Division of New Jersey Superior Court reaffirmed that obesity, standing alone,
United States
2 May 2019
Eleventh Circuit Clarifies Standard For Identifying Comparators In Title VII And ADA Discrimination Cases
On March 21, 2019, in Lewis v. Union City, No. 15-11362, the U.S. Court of Appeals for the Eleventh Circuit (1) clarified the proper standard for the comparator analysis in intentional discrimination cases under...
United States
9 Apr 2019
NY Court Of Appeals Upholds 13 Hours Pay For 24-Hour Shift Home Health Aides
Executive Summary. Today the New York Court of Appeals issued its long-awaited decision on 24-hour shift home health aides who work as "sleep-in" workers. The Court reversed two Appellate Division
United States
8 Apr 2019
Third Circuit Agrees With Other Appeals Courts – Federal Employees May Bring Retaliation Claims Under Title VII
Executive Summary: On March 12, 2019, the U.S. Court of Appeals for the Third Circuit clarified in a published opinion that federal employees may bring retaliation claims ...
United States
3 Apr 2019
New Jersey's Response To #MeToo: New Law Voids Non-Disclosure Agreements And Questions Future Of Employee Arbitration Agreements
Executive Summary: Effective immediately, an amendment to New Jersey's Law Against Discrimination ("LAD") signed into law on March 18, 2019,
United States
29 Mar 2019
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