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McBrayer Blogs

Showing 2 posts in Federal Arbitration Act (FAA).

Mandatory No More – New Law Removes Arbitration Requirements from Sexual Harassment Disputes

Posted In Arbitration, Federal Arbitration Act (FAA), Sexual Harassment

Update: President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act into law on March 3, 2022.

On February 10th, the U.S. Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. This bill, which is expected to be signed into law by President Biden, will bar employers’ mandatory arbitration agreements from applying to cases of sexual assault or sexual harassment, opening the door for in-court litigation in such situations. Employers should prepare for the changes that this new law will bring to dispute resolution policies. More >

Class Action Waivers in Employee Arbitration Provisions: Proceed with Caution – For Now.

Employee arbitration provisions containing class or collective action waivers are frequently utilized by non-union employers, often within employment agreements as a condition of employment.  The National Labor Relations Board (NLRB), however, recently issued a decision regarding the validity of such provisions which could significantly impact the ability of employers to enforce class waivers. More >

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