The (Possible) Future of Arbitration
In my last post, I discussed the pros and cons of arbitration of employment disputes, concluding that the pros outweigh the cons. I also noted that the Arbitration Fairness Act, which would ban forced arbitration in employment disputes, is looming on the horizon. I ended with the question: What should you do if the Arbitration Fairness Act passes? As promised, here are a few suggestions.
Arbitration Pros and Cons
In the interest of full disclosure, I am a huge proponent of arbitration of employment disputes as beneficial to employers. Frankly, I do not understand why more employers do not use arbitration. After some internet research on the topic, I have identified the following commonly stated pros and cons of arbitration.
Supreme Court Considers Class Arbitration
The United States Supreme Court heard oral arguments on Wednesday (12/9) in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., an anti-trust case. The case is of interest to employment law practitioners because the issue under consideration is whether class arbitration may be imposed when that issue is not addressed in the parties’ arbitration clauses.
Arbitration: The Employer's Magic Bullet
When I attend holiday cocktail parties, people often ask me employment law questions. They ask other questions as well, like why would someone invite a lawyer to a cocktail party — such dull company. I can’t answer that one but here is a more topical question — what is the one best thing an employer can do to protect itself from disastrous employment litigation? My answer is to start an arbitration program for your workplace.
Topics
- Labor Law
- ADAAA
- Environmental Law
- Americans with Disabilities Act
- Sexual Harassment
- National Labor Relations Act
- Employment Law
- Privacy
- Taxation
- Non-compete/Non-solicit
- FMLA
- Employment Incentives
- HIRE Act
- Social Security Tax
- Healthcare Reform
- Benefits
- Social Media
- Technology
- Guns
- Workplace Violence
- Unions
- Antitrust
- Wage & Hour
- Litigation
- Collective Action
- Harassment
- Labor & Employment Law
- L&E Movie Reviews
Contributors
Subscribe to RSS
Recent Posts
- Fair Employment Opportunity Act and New NLRA Posting Rule
- EEOC Ordered to Pay Millions in Attorneys’ Fees Again
- Work-Life Balance Not Required By Law and Other Interesting Reading
- Employers Win As Supreme Court Says No To Wal-Mart Class Action
- Have You Read Your Job Postings?
- Ohio Judge Thwarts EEOC Effort To Expand Pattern and Practice Lawsuits
- NLRB Files Two More Facebook Cases
- Reimbursing Employees for Travel During the Workday
- Following Up on Past Blog Posts: Cat's Paw, Twitter and Bedbugs
- Why Does the EEOC Need To Solicit Claimants with Radio Announcements?