Yesterday, the Supreme Court issued its long awaited decision in American Express v. Italian Colors Restaurant. The 5-3 majority decision reaffirmed that courts should “rigorously enforce” arbitration agreements “according to their terms." Also, the Court held that there is no right to proceed with claims on a class basis in arbitration and that a standard waiver of the right to proceed on a class action basis is enforceable. You can read more about the decision here or read the actual decision here.
Although this was not an employment case, there is no reason to believe that it does not fully apply in the employment context. Employers who use arbitration provisions and class waivers, and those that would like to use them, should be encouraged.
- Partner
Mark Chumley has experience representing clients in all aspects of labor and employment law. He has handled numerous cases before state and federal courts and state and federal civil rights agencies, including claims involving ...
Topics/Tags
Select- Labor & Employment Law
- Labor Law
- Coronavirus
- Employment Law
- Department of Labor
- Arbitration
- Discrimination
- Employee Benefits and Executive Compensation
- Religion Discrimination
- IRS
- Disability Discrimination
- NLRB
- Litigation
- Race Discrimination
- Employer Policies
- Americans with Disabilities Act
- OSHA
- Social Media
- Retirement
- Sexual Orientation Discrimination
- Accommodation
- National Labor Relations Act
- National Labor Relations Board
- ERISA
- Employer Handbook
- Employment Litigation
- Reasonable Accommodation
- Wage & Hour
- EEOC
- ACA
- Affordable Car Act
- ADAAA
- NLRA
- Title VII
- Unions
- Employer Rules
- Federal Arbitration Act
- Sexual Harassment
- Technology
- Privacy
- 401(k)
- Transgender Issues
- FMLA
- Workplace Accommodations
- Disability
- Workplace Violence
- Employment Settlement Agreements
- Sixth Circuit
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Paycheck Protection Program
- Securities Law
- Preventive Care Benefits
- Health Savings Account
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Gender Identity Discrimination
- Posting Requirements
- Class Action Litigation
- Disability Law
- Benefits
- E-Discovery
- Evidence
- Family and Medical Leave Act
- Environmental Law
- Overtime Pay
- Privacy Laws
- Representative Election Regulations
- Department of Justice
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Affirmative Action
- Electronically Stored Information
- Equal Opportunity Clause
- Telecommuting
- Compensable Time
- Pregnancy Discrimination
- Security Screening
- Supreme Court
- Occupational Safety and Health Administration
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Return to Work
- Seniority Rights
- Unemployment Insurance Integrity Act
- American Medical Association
- Attendance Policy
- Classification
- Fair Minimum Wage
- Federal Minimum Wage
- Misclassification
- State Minimum Wage
- Wage Increase
- Confidentiality
- Disability Leave
- Equal Pay
- Genetic Information Discrimination
- Media Policy
- National Origin Discrimination
- Retaliation
- Social Media Content
- Taxation
- Antitrust
- Employment Incentives
- HIRE Act
- Social Security Tax
Recent Posts
- The Practical Employment Law Podcast: Labor & Employment Law Update Week of 3/6/23
- The Practical Employment Law Podcast: E.W.A. - Straight Outta Payroll
- The Practical Employment Law Podcast: Labor & Employment Law Update Week of 1/23/23
- The Practical Employment Law Podcast: The Obligatory New Year's Episode
- The Practical Employment Law Podcast: The Obligatory Holiday Party Episode
- Independent Contractor Classification - Deadline to Submit Comments on the Notice of Proposed Rulemaking is Approaching
- The Practical Employment Law Podcast: Thanksgiving for Plaintiffs' Attorneys
- Why Every Employer Including Those Outside NYC Should Stay Abreast of the NYC Pay Transparency Law
- The Practical Employment Law Podcast: Interview with Author and Lawyer Steven Mitchell Sack
- The Practical Employment Law Podcast: Are You Caught in a TRAP?