From Lexology, John C. Hawk IV discusses a case in which the court enforced a provision in an arbitration issue that said that the arbitrator determined the “gateway” issue as to whether an issue was subject to arbitration. John writes: Last week, the Fourth Circuit reaffirmed the critical importance of a strong arbitration agreement, finding that…
From Lexology, David W. Howenstine discusses a recent Supreme Court case in which the court said that the arbitration agreement can state who decides if an issue is subject to arbitration. David writes: In its decision, the Supreme Court adopted a strict application of the Federal Arbitration Act and rejected the so-called “wholly groundless” exception. The…
From JDSupra, Dan Handman puts the Dynamex case at the top of the California employment law news for 2018 and offers recommendations for how to deal with it. Dan writes: To be honest, there was no contest for the top development in California employment law in 2018. It was a runaway, and chances are if you asked…
From JDSupra, Jeffrey Cadle discusses a recent case in which the client of a staffing company was able to compel arbitration because of the language in the arbitration agreement between the staffing company and the worker. Jeffrey writes: Many companies require their employees to sign agreements to arbitrate any employment disputes, including claims for wages and overtime…
From Lexology, Laura Kelly and David Zaslowsky discuss a recent case in which a court denied a motion to compel arbitration because the defendant was not a signatory to the arbitration agreement and did now show it was an agent of the signatory. They write The court denied Sutherland’s motion to compel, reasoning that Sutherland had failed…