As online shopping and rapid delivery services continue to reshape the economy, employers increasingly rely on individuals who transport goods for their “last mile,” from warehouses and distribution centers to retail locations and consumers. A recent Supreme Court decision may make it more difficult for employers who operate in the “last mile” arena to enforce arbitration agreements against those drivers.… Continue Reading
Arbitration
Southern District of New York Finds Employment Arbitration Agreement Unenforceable
By Brian D. Pedrow & Kyle I. Platt on
On February 24, 2023 the United States District Court for the Southern District of New York held that a former employee’s arbitration agreement with his former employer was unenforceable under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) because the former employee’s amended lawsuit included plausible sexual harassment claims. … Continue Reading
U.S. Supreme Court Ruling Denies Arbitration, Ramps Up Litigation
By Steven W. Suflas & Mark J. Levin on
For the second time in two weeks, the U.S. Supreme Court has ruled against a company seeking to compel individual arbitration of Fair Labor Standards Act (FLSA) collective action claims. In Southwest Airlines Co. v. Saxon, the Court held that the plaintiff’s claims were exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA), which exempts from the statute’s ambit “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” … Continue Reading