In New York, the Realty Advisory Board on Labor Relations, Inc. and SEIU Local 32BJ have adopted a “Protocol and Agreement” for handling discrimination claims… Read More »: You Want a Piece of Pyett With That? II. The Forum for Litigation of Statutory Employment Claims After Pyett: A NewApproach from Management and Labor
An explanation of the current legal framework for employment arbitration and recommended standards to protect the parties including, especially the individual non-union employee.
The pitfalls of med-arb are described; ways to avoid them recommended; and the process described. The med-arb contract is discussed and sample provisions offered
This paper explores situations in which an employee is required as a condition of employment to submit statutory claims to arbitration. Rabin presents a review… Read More »Judicial Review of Awards in Mandated Employment Arbitration: Are We Getting it Right?
The Arbitration Fairness Act would invalidate pre-dispute arbitration agreements relating to employment issues (except for CBAs). Borrowing heavily from Charles Dickens, the authors contend that… Read More »Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – II. A Management Perspective of the Act
Mandatory arbitration – the employee’s agreement to arbitrate, rather than litigate, all disputes (including staturory disputes) with his/her employer, has been the subject of empirical… Read More »Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – III. Mandatory Arbitration is Better Than It Looks
A common provision in standard form employment and consumer arbitration agreements restricts the claimant to bringing an individual action only. The case law governing the… Read More »Class Action Waivers in Arbitration Agreements:The Chaotic State of the Law
Employment law is witnessing a great upsurge in class action filings for wages and hours, for discrimination, and for other claims. Class action waivers can… Read More »An Introduction to Mandatory Arbitration and Class Action Waivers
The instances of court review of arbitration decisions is increasing notwithstanding that courts are extremely deferential to the awards. Michael LeRoy and Peter Feuille present… Read More »Where is the New Enterprise Wheel? Judicial review of employment arbitration awards
A comparison of the industrial justice systems developed by non-unionized companies, comparing them also to labor arbitration, to United States courts, and to courts in… Read More »Workplace justice without unions: Summary of a study