JD Supra

Arbitration Provision In Handbook Withstands Judicial Scrutiny In Dismissing FLSA Collective Action: Another Magic Bullet!

There has been a great deal of litigation about class action waivers in Employee Handbooks and use of arbitration mechanisms in Employee Handbooks to preclude judicial litigation. A recent New Jersey ...
JD Supra

The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate

Federal law nowadays certainly favors enforcement of agreements to arbitrate. But generally applicable state contract law determines contract formation – i.e., whether such an agreement has been made.
Law

Briefs Sought on Handbook Arbitration Provision's Enforceability

Whether an arbitration clause in an employee handbook is enforceable if the handbook states that the employer reserves the right to alter or cancel its policies is at issue in Hatton v. D.R. Horton, a ...
HR Dive

Merely providing handbook with arbitration provision is not a contract, 8th Cir. affirms

PrimeLending, a home loans company, was not able to compel arbitration in a dispute with a former employee, despite the existence of a mandatory arbitration provision, the 8th U.S. Circuit Court of ...
The National Law Review

Arbitration Provision in Your Employee Handbook Is Not Enough

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Law

Employee Acceptance of Handbook Arbitration Provisions: Part 2

In my Sept. 23 article in the Legal Intelligencer titled, "When Does an Employee 'Accept' Employee Handbook Arbitration Provisions," I noted that courts have generally held that mandatory arbitration ...
The National Law Review

The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...