Forcing Employees To Arbitrate Workplace Disputes

The Court ruled that the FAA forecloses courts from applying neutral state law principles in the face of ambiguous contract language if doing so would result in allowing arbitration to proceed on a class-wide basis.

June 26, 2019

By NIWR

Lamps Plus, Inc. v. Varela, No. 17-988, (U.S. Apr. 24, 2019) Relevant Facts: An employee of Lamps Plus fell prey to a phishing scheme and accidentally released the tax […]

The Court rules that it is for a court to decide whether the FAA’s Section 1 “contract of employment” exemption applies, regardless of the presence of a delegation provision in an arbitration clause, and that the exemption covers all classifications of workers.

June 26, 2019

By NIWR

New Prime Inc. v. Oliveira, 586 U.S._(2019)(slip opinion) Relevant Facts: A truck driver sued for wage and hour violations. The employer invoked an arbitration clause containing a delegation provision […]

The Court rules that the National Labor Relations Act does not give employees a right to collective legal action, and that the FAA requires courts to enforce class, collective, and joint action bans in forced arbitration clauses contained in employment contracts.

June 26, 2019

By NIWR

Epic Systems, Corp. v. Lewis, 138 S. Ct. 1612 (2018) Relevant Facts: Three separate cases with similar facts were combined, all involving claims by workers for unpaid wages by […]

As with arbitration clauses generally, the Court requires parties to challenge delegation provisions with specificity in order to render them unenforceable.

June 26, 2019

By NIWR

Rent-A-Center, West, Inc., v. Jackson, 561 U.S. 63 (2010) Relevant Facts: After a retail salesman filed an employment discrimination claim against his former employer, the company moved to compel […]

The Court declines to extend the FAA to cover federal enforcement actions by regulatory agencies filed on behalf of an employee bound by a forced arbitration clause.

June 26, 2019

By NIWR

Equal Employment Opportunity Commission v. Waffle House, Inc., 534 U.S. 279 (2002) Relevant Facts: After completing a form job application, a man was hired to work the grill at […]

The Court vastly expands the reach of the FAA beyond the commercial context to include nearly all contracts of employment.

June 26, 2019

By NIWR

Circuit City Stores, Inc. v. Adams, 523 U.S. 105 (2001) Relevant Facts: A man filled out a job application to work at a big-box electronics retailer, and was hired. […]

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Forcing Employees To Arbitrate Workplace Disputes

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