Monthly Archives: March 2023

Melissa (Osipoff) Camire and Henry Thomson-Smith, of Fisher Phillips, have provided this article, discussing a pair of decisions issued by Judge Paul Engelmayer, who sits on the Southern District of New York. Addressing the recently enacted EFAA, which amended the Federal Arbitration Act by prohibiting employers from unilaterally enforcing arbitration agreement for disputes alleging sexualContinue reading ““New York Federal Court Allows Workers to Dodge Arbitration for Claims Brought With Sexual Harassment Case””

The recent New Jersey Appellate Division’s decision in Strickland v. Foulke Management Corp. raises an interesting question of whether parties can contractually expand the scope of judicial review of an arbitration award beyond the minimal requirements of the Federal Arbitration Act (FAA). In Strickland, the plaintiffs purchased a car, with documents that provided for arbitration,Continue reading “Attempts To Contractually Alter Statutory Arbitration Rights And Limitations May Not Be Successful”

Here’s an interesting take on the optimal size for an arbitration panel, at least in certain cases. This article by Gregory Parent of Miles Mediation & Arbitration, available at JD Supra, advocates for a two person panel as offering cost and time savings over the traditional multi-member panel of three, while suggesting that the panel’sContinue reading ““The Case for a Two-Arbitrator Panel””

The California appellate decision in Vaughn v. Tesla Inc. is discussed by Joanne Deschenaux in this article found in SHRM. An employer hired workers who commenced their engagement through a staffing agency and, in connection with their new role as company employees, obtained their agreement to arbitrate disputes “arising from or relating to your employment.”Continue reading ““Workers Did Not Have to Arbitrate Claims Arising Before They Signed Arbitration Agreements””