Employers can no longer mandate pre-dispute arbitration for claims of sexual assault or sexual harassment by employers. On Feb. 10, 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “law”) ending any dispute as to whether the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (FAA), preempted state laws seeking to prohibit mandatory pre-dispute arbitration of employee sexual harassment claims. The law amends the FAA and makes pre-dispute arbitration agreements between employers and employees that would otherwise obligate the parties to arbitrate claims of sexual assault or sexual harassment invalid and unenforceable. President Biden is expected to sign the Act into law.
How do 1,102 investors, who claim they have been duped into investing in a Ponzi scheme, bring an action in the Singapore courts? To many, the first thing to do would be to launch a class-action lawsuit against the respondents.
The FTC filed an administrative complaint against Axon’s consummated acquisition of its competitor Vievu, claiming the acquisition violated Section 7 of the Clayton Act prohibiting acquisitions where the effect may be substantially to lessen competition. In response, Axon filed a complaint against the FTC in federal district court seeking to enjoin the FTC’s administrative proceedings. Axon Enterprise, Inc. v. Federal Trade Commission, 452 F.Supp.3d 882 (D. Arizona 2020). Axon made three claims that it argued the district court – not the FTC – should decide: (1) the clearance process used to determine whether the FTC or Department of Justice (DOJ) will review a merger violates due process, (2) the fact that the FTC combines investigatory, prosecutorial, adjudicative, and appellate functions within a single agency violates due process, and (3) the dual-layer of protection given to FTC ALJs violates the Appointments Clause of Article II of the Constitution.
On February 7, 2022, the White House Task Force on Worker Organizing and Empowerment publicly released a report offering nearly 70 recommendations to promote pro-union policies and practices in the public and private sector. The recommendations generally fall into three categories: those that impact only federal workplaces, those that impact federal contractors and grantees, and recommendations geared toward all employers—including those in the private sector. In addition, the White House issued an executive order for project labor agreements on federal construction projects; that action also promotes the use of unionized workers.
This month’s Friday Five explores recent decisions that elucidate the difference between disputes that call upon the discretion and judgment of a court compared to disputes where the court is called upon to follow hard-and-fast rules without discretion.
The nationwide scrutiny of non-compete agreements continues in 2022. An increasing number of states are severely limiting, or absolutely prohibiting, the use of restrictive covenants. While for many years Colorado has prohibited the use of non-competes (with certain exceptions), it recently became the first state to criminalize the use of non-competes exceeding the permissible scope of state law.
This month’s Friday Five covers cases relating to: (1) whether a plaintiff may be entitled to AD&D benefits when their spouse died of an illegal drug overdose; (2) when a plaintiff can supplement the administrative record with medical records that post-date the final benefit decision; (3) whether summary judgment is the proper mechanism for cases involving de novo review and disputes of material fact; (4) whether a preexisting condition exclusion applies when questions exist as to the plaintiff’s date of hire and start of coverage; and (5) whether an insurer can deny LTD benefits based on a provision that excludes certain disabling conditions from coverage when the plaintiff’s treating providers and the insurer’s consulting physicians disagree on what conditions plaintiff actually has.
The District of Columbia Council has postponed the first effective date of voter Initiative 82, the “Tip Credit Elimination Act,” from January 1, 2023, to May 1, 2023.
In 2022, New York State and New York City enacted many new workplace laws, creating additional obligations for employers.
On December 16, 2022, a federal district judge in California denied artist Ryder Ripps’s and his partner’s anti-SLAPP motion and motion to dismiss in a closely monitored action filed against them by Yuga Labs, Inc. (“Yuga”), the creator behind the monumentally successful Bored Ape Yacht Club (“BAYC”) NFTs.
If your New Year’s resolution is fitness-related, we’re on the same page … or hamster wheel.
Even with the strictest compliance with Occupational Safety and Health Administration (OSHA) regulations and best workplace safety practices, on-the-job injuries from time to time are inevitable in the construction industry.
The Equal Employment Opportunity Commission (EEOC) promised in a March 2022 hearing to address what it considered to be “severe and pervasive” discrimination in the construction sector.
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