Employer-mandated arbitration agreements have been a hot topic in recent years. Most notably, in its highly anticipated decision in Epic Systems v. Lewis, the U.S. Supreme Court confirmed that under the Federal Arbitration Act (“FAA”), employers may require employees to enter into mandatory arbitration agreements as a condition of employment, without violating the National Labor
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California’s Anti-Arbitration Law Delayed by Federal Judge
To the surprise of few, Judge Kimberly Mueller has enjoined California from beginning enforcement of its law (Assembly Bill 51) prohibiting employers from requiring employees to waive their right to jury trials in favor of arbitration. In her three page order. Judge Mueller noted that the plaintiffs (which included the U.S. Chamber of Commerce,…
The Use of Employment Arbitration Agreements Surges
One of the strongest trends in human resource management is the dramatic increase in the use of mandatory employment arbitration agreements. In late 2017, a study by the Survey Research Institute at Cornell University determined that the number of private sector, non-union employees subject to mandatory arbitration agreements had dramatically increased in recent years. The…
Changes Facing Ohio Public Sector Collective Bargaining
Governor John Kasich has announced his intention to push for a radical retrenchment of Ohio’s Public Employee Bargaining Law, Ohio Revised Code Chapter 4117. Passed in 1983 during the first year of Governor Richard Celeste’s term, the bill gave unions representing state employees the right to bargain with the state, allowed unions representing state and…