Over the years, attempts to arbitrate breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2) have had varying results.
The NLRB, by a vote of 2-1, recently reversed an administrative law judge in finding that a hospital did not violate the National Labor Relations Act by failing and refusing to bargain in good faith with the union.
In a matter of first impression, the Fourth Circuit recently held that appellate waivers in arbitration agreements are enforceable as long as the agreement allows an initial review by the district court.
The DOL formally withdrew final regulations which set forth, for the first time by way of an APA rulemaking, the analysis the DOL would use to determine whether a worker was an employee or independent contractor under the FLSA.
In September 2020, then-candidate Joe Biden promised that, if elected, he would be the “strongest labor president you’ve ever had.” In his first 100 days in office, now President Biden has acted quickly and aggressively to make good on this pledge.
As employers and employees alike continue to monitor and watch the landscape of alternative dispute resolution as a viable option (or not) in New Jersey, an important federal court decision was recently handed down.
Form U5 defamation cases are on the rise, with a reported 24% increase over the filing period from 2019 to 2020. Firms should take certain proactive steps to fully understand their duties, reduce risk, and avoid costly litigation.
On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize Act of 2021 (PRO Act) by a largely party-line vote of 225-206.
The Supreme Court of Canada has issued its decision in Wastech Services Ltd. v. Greater Toronto Sewage and Drainage District, which clarifies a party’s duty to exercise contractual discretion in good faith.
