Employment Arbitration in the Biden Era

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Items to be discussed during the presentation are: 

1. Employment arbitration agreements with class/collective action waivers after Epic Sys. Corp. v. Lewis (2018). 

2. The FAA Section 1 exemption for “transportation workers” after New Prime, Inc. v. Oliveira (2019). 

3. Reoccurring State Law Issues—Is there an “agreement”? Was there sufficient consideration? Has there been assent to the agreement by the employee? 

4. When has a party waived its right to arbitrate by failing to enforce it or through court litigation? 

5. Court review of arbitral awards—grounds, jurisdiction in federal or state courts ? (See Badgerow v. Walters, No. 20-1143 - cert. granted 5-17-21). 

6. Beware of Anti-arbitration bills before Congress

 

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