Tag Archives: FAA

July 17, 2019

Southern District of New York Rules Federal Law Preempts New York State Law Banning Arbitration of Sexual Harassment Claims

By Patrick G. Brady of Epstein Becker & Green

 

 

 

 

Many retail employers require their employees to agree to arbitrate employment-related disputes as a condition of employment. The United States Supreme Court has repeatedly emphasized that workplace arbitration agreements are enforceable according to their terms, and state law that restricts such enforcement is preempted by the Federal Arbitration Act (“FAA”). Notwithstanding those pronouncements, states, such as New York and New Jersey, have crafted legislation designed to nullify an employee’s agreement to arbitrate certain employment-related claims.

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June 12, 2019

New Jersey Appellate Division Panels Reach Different Conclusions on the Enforceability of Arbitration Agreements that are Exempt from Coverage under the FAA

By Michael D. Thompson of Epstein Becker & Green

Earlier this year, in New Prime, Inc. v. Oliveira, 586 U.S. __, 139 S. Ct 532 (2019), the United States Supreme Court held that the Federal Arbitration Act (“FAA”) does not apply to arbitration agreements with independent contractors who are engaged in interstate commerce.  The Supreme Court did not address whether such agreements could be enforced through other laws.

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April 26, 2019

Supreme Court Refuses to Impose Class Action Arbitration Based on Ambiguous Agreements

By Epstein Becker & Green, P.C.

Our colleague Stuart M. Gerson at Epstein Becker Green recently posted an article on LinkedIn that will be of interest to our readers: “SCOTUS Today: Class Action Ambiguity Finds No Shelter Under the Federal Arbitration Act.”

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January 17, 2019

New Prime Inc. v. Oliveira: The Supreme Court Applies The Federal Arbitration Act’s Transportation Workers Exclusion To Independent Contractors

By Jeffrey H. Ruzal and Carly Baratt of Epstein Becker & Green

On January 15, 2019, the U.S. Supreme Court issued a unanimous decision in New Prime Inc. v. Oliveira, a case concerning the enforceability of arbitration agreements.

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August 20, 2018

Sixth Circuit Rejects Argument That FLSA Bars Individual Arbitration Agreements

By Paul DeCamp of Epstein Becker & Green

Three months ago, the United States Supreme Court issued its decision in Epic Systems Corp. v. Lewis, holding that the National Labor Relations Act (“NLRA”) does not prevent the use of arbitration agreements with class and collective action waivers covered by the Federal Arbitration Act (“FAA”). (See our discussion of Epic here.) The Court of Appeals for the Sixth Circuit has now similarly concluded in Gaffers v. Kelly Services, Inc., that the Fair Labor Standards Act (“FLSA”) does not bar such arbitration arrangements. While this is not a surprising outcome in light of the Supreme Court’s ruling, the decision underscores the influence that Epic has had and will continue to have as courts evaluate efforts to evade promises to arbitrate.

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May 21, 2018

Supreme Court Gives Employers “Epic” Win: Upholding Class Action Waivers in Arbitration Agreements and Rejecting Obama NLRB

By Adam C. Abrahms and Steven M. Swirsky of Epstein Becker & Green

In Epic Systems Corp. v. Lewis  (a companion case to NLRB v. Murphy Oil USA and Ernst & Young v. Morris), the U.S. Supreme Court finally and decisively put to rest the Obama-era NLRB’s aggressive contention that the National Labor Relations Act (NLRA) prevented class action waiver in employees arbitration agreements, finding such waivers are both protected by the Federal Arbitration Act (FAA) and not prohibited by the NLRA. In its 5-4 decision, the Court explained that the NLRB’s interpretation of the FAA was not entitled to deference because it is not the agency charged by Congress with the interpretation and enforcement of that statute.

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April 21, 2016

McDonald Hopkins Government Strategies Advisory: This Week in Washington — April 22, 2016

By McDonald Hopkins News of McDonald Hopkins

Senate passes watered down FAA reauthorization

This week, by a vote of 95 to 3, the Senate voted to send a watered down Federal Aviation Administration (FAA) reauthorization bill to the House. The bipartisan bill would increase airport security, speed up drone regulations, and require airlines to refund baggage fees when luggage is delayed, among other provisions. The reauthorization, however, does not deal with the potential corporatization of the nation’s Air Traffic Control system, nor does it provide for modernization of the funding tool mechanism for airport infrastructure needs.

A House version of FAA reauthorization, which was approved in committee but has not yet passed the floor, would spin off 14,000 air traffic controllers and 24,000 other FAA employees into a federally chartered, private nonprofit corporation.

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February 4, 2016

McDonald Hopkins Government Strategies Advisory: This Week in Washington — February 5, 2016

By McDonald Hopkins News of McDonald Hopkins
Top Issues From This Week — February 5, 2016

Last ditch effort on criminal justice reform

With the odds of criminal justice reform passing in this Congress dimming, supporters are making a last ditch effort to regain momentum in an increasingly difficult and partisan political environment.

On Tuesday, Senators Chuck Grassley (R-IA) and Mike Lee (R-UT) held a forum on the Hill with former Attorney General Mike Mukasey and other law enforcement officials to promote their bipartisan legislation that would overhaul sentencing and prison policies.

The bill would reduce mandatory-minimum sentences for certain nonviolent drug offenders and allow reduced prison sentences for inmates who take part in programs to cut recidivism.

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March 18, 2013

Robert A. McKenzie provides thoughts in national media on FAA planned shutdown of air traffic control towers

By Arnstein & Lehr LLP
Arnstein & Lehr Attorney Robert A. McKenzie

Robert A. McKenzie

Arnstein & Lehr Chicago Of Counsel Robert A. McKenzie, was asked his thoughts on the Federal Aviation Administration’s planned shutdown of nearly 240 air traffic control towers across the country under federal budget cuts.  His comments were included in an Associated Press article on the subject that was picked up by several media outlets across the country, including the Huffington Post which titled the article “Air traffic closures due to sequestration strip extra safety net for pilots during takeoff, landing.”  Other media the article was picked up include the Denver Post, Miami Herald, The Fresno Bee, Modesto Bee, and ABCNews.com.

To read the Huffington Post article, please click here.

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