Alternative Dispute Resolution

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    Attorneys who have been involved in employment law litigation will almost unanimously agree that lawsuits involving employer/employee disputes are legally complicated, emotionally charged, slow-moving, and expensive. Because of those problems, alternative methods of resolving conflicts in the workplace have gained increasing respect from...

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    Many baseball fans here in California may have been celebrating an arbitrator's recent decision to uphold the suspension of New York Yankees slugger Alex Rodriguez, although the suspension was reduced slightly. At its heart, the A-Rod fiasco boils down to a dispute between an employer — Major League Baseball (MLB) — and one of its...
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    Many Red Sox fans here in Maine may have been celebrating an arbitrator's recent decision to uphold the suspension of New York Yankees slugger Alex Rodriguez, although the suspension was reduced slightly. At its heart, the A-Rod fiasco boils down to a dispute between an employer — Major League Baseball (MLB) — and one of its...
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    What does "changing clothes" mean in the context of the Fair Labor Standards Act (FLSA)? On January 27, the U.S. Supreme Court finally shed some light on the issue. The Court held that under the terms of a collective bargaining agreement (CBA), the time employees spend putting on and taking off their mandatory protective gear (otherwise known as "...
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    Despite employers' best efforts to eradicate discrimination as well as other potentially illegal workplace conduct such as wage and hour violations, employment litigation remains steady. Class actions against employers suffered a momentary setback after the U.S. Supreme Court's decision in Wal-Mart v. Dukes, but plaintiffs' attorneys have been...
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    In February, the Hawaii Supreme Court issued a decision that will likely have significant consequences for supervisors and employers in Hawaii. The ruling makes it more difficult for employees to bring claims for alleged discrimination and retaliation directly against their supervisors. However, it will now be easier for employees to prevail in a...
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    The Florida Supreme Court recently clarified the time limits that govern arbitration proceedings. The ultimate question was whether Section 95.011 of the Florida Statutes, which contains Florida's statutes of limitations, applies to arbitration proceedings. The court held that arbitration proceedings are "actions" under Florida law. Thus, the laws...
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    Some employers have gone to considerable lengths to devise programs under which employees must arbitrate any work-related claims rather than file a lawsuit. But even though arbitration is favored under the Federal Arbitration Act (FAA), such agreements may not be enforceable if they fail to meet state standards. The 9th Circuit recently decided...
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    Some employers have gone to considerable lengths to devise programs under which employees must arbitrate any work-related claims rather than file a lawsuit. But even though arbitration is favored under the Federal Arbitration Act (FAA), such agreements may not be enforceable if they fail to meet state standards. The 9th Circuit recently decided...
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    Whether an employee handbook can be considered a contract is frequently a subject of debate. Employees sometimes try to argue that the handbook is a contract that binds the employer to progressive discipline or other benefits of employment. For their part, employers generally take steps to avoid the determination that a handbook is a contract,...
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