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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 25
  • June
  • 2019


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Does Your Arbitration Agreement Include a Carve-Out for Employee Access to the National Labor Relations Board? It Should.

Most employers mandating arbitration agreements as a condition of employment do not intend to prevent employees from filing unfair labor charges with the National Labor Relations Board (“Board”). But unless their agreements contain a “savings clause” making that clear to employees, they are susceptible to challenge that, at least according to the Board, could invalidate the entire agreement. 

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  • 25
  • April
  • 2019


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The Supreme Court All But Ends Classwide Arbitration, Delivering A Win For Employers

When most employers think about arbitration with their employees, they think about arbitrating the claims of one employee at a time. The U.S. Supreme Court agreed this week in Lamp Plus, Inc., et al. v. Varela, deciding that parties cannot be compelled to arbitrate class actions unless the arbitration agreement explicitly calls for class arbitration (something that virtually no arbitration agreement does).

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  • 18
  • October
  • 2016


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Arbitration Delegation Clauses: Be Careful What You Wish For

Most of the time, employers that draft and enforce arbitration agreements want to send their disputes with an employee to arbitration. To ensure that all disputes are covered, agreements often use broad language, such as requiring the arbitration of “any or all” disputes, those “regarding the interpretation, applicability and enforceability of the agreement” or “the arbitrability of any dispute.” In two recent decisions [Reyna v. Int’l Bank of Commerce, No. 16-40057 (Oct. 4, 2016); Kubala v. Supreme Prod. Servs., July 20, 2016], the Fifth Circuit has made clear that these provisions, called delegation clauses, transfer the power to decide threshold questions of arbitrability to the arbitrator.

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Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner