Category: Arbitration

Quirky Question #279: Concerted Activity in 140 Characters or Less

Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states.  The company maintains a social media policy, which was recently updated.  Last week, I noticed that one of our employees posted some pretty nasty things about the company on Twitter.  She accused the company of not treating employees fairly because some had to...

Question #273: Crafting a Concrete Non-Compete

Question: Our company uses non-compete and non-solicit agreements that bar former employees from having contact with any client of our company after they leave. One former employee who recently left is now claiming the agreement is invalid because it is “overly broad” in that it bars him from soliciting not only those clients of ours he used to work with,...

Quirky Question #268: E-Sign Away!

Question: We have our electronic handbook and arbitration agreement online, and all employees sign both electronically.  I saw a news blurb that a California court last year refused to enforce an arbitration agreement that was electronically signed.  Can’t we use electronic signatures in California?

Quirky Question #253, Private arbitrations becoming not-so-private?

Quirky Question #253, Private arbitrations becoming not-so-private?

Question: I read with interest the answer to Quirky Question #248 about mandatory arbitration. You mentioned one of the benefits of arbitration being that is more private than a dispute in court, which is certainly a consideration for our company as we determine whether to implement this type of policy. Is that really the case, given the recent legislation I’ve...

Quirky Question #245, Last chance agreements

Quirky Question #245, Last chance agreements

Question: We operate a manufacturing plant with a union workforce where new employees begin with a 90-day probationary period during which they are not yet members of the union. I recently hired a guy who refused to work overtime on several occasions, so I had him sign a “last chance” agreement in which he agreed that any further unexcused refusals...

FINRA Arbitration Rules Expanded to Exclude Collective Actions

FINRA Arbitration Rules Expanded to Exclude Collective Actions

FINRA Arbitration Rules Expanded to Exclude Collective Actions FINRA’s ban on formal class-style employment claims is now complete. On May 4, 2012, the comment period closed on a proposed change to Rule 13204 of the FINRA Code of Arbitration Procedure for Industry Disputes (“Industry Rule 13204”). See S.E.C. Release No. 34-66774. The change, approved by the Securities and Exchange Commission,...

Quirky Question # 186: Can Arbitration Agreements Ban Class Claims?

Quirky Question # 186: Can Arbitration Agreements Ban Class Claims?

Question: For many years, our company has required all employees to sign a contract agreeing to arbitrate any employment claims, including discrimination claims.  Last year we changed our form contract to make it clear that any arbitration only would cover the individual employee making the claim.  There would be no “class action” arbitrations or anything like that.  (We were told by another...

Granite Rock Co. vs. International Brotherhood of Teamsters, Arbitration Issues Arising from a Disputed Collective Bargaining Agreement

Granite Rock Co. vs. International Brotherhood of Teamsters, Arbitration Issues Arising from a Disputed Collective Bargaining Agreement

Granite Rock Co. v. International Brotherhood of Teamsters On June 24, 2010, in the final labor and employment law decision of its 2009-10 term, the Supreme Court decided the Granite Rock Co. v. International Brotherhood of Teamsters case and resolved two important issues in federal labor law.  Granite Rock centered around a dispute over the formation of a collective bargaining...

Rent-A-Center West, Inc. v. Jackson, A Divided Supreme Court Weighs In On Employment-Based Arbitration Agreements

Rent-A-Center West, Inc. v. Jackson, A Divided Supreme Court Weighs In On Employment-Based Arbitration Agreements

Five to Four Decision Gives Employers Greater Confidence in the Reliability of Employment-Based Arbitration Agreements Every working day countless newly-hired, newly-promoted, or newly-stock optioned employees have arbitration agreements placed in front of them, and most sign these agreements with little inquiry into their terms let alone actual back-and-forth negotiations.  Indeed, employers typically present such agreements as a condition of hire,...