Federal Arbitration Act 9 USC § 1 et seq (FAA)

In a resounding win for employees, Congress passed (with bipartisan support) the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021“, which bars the use of forced arbitration to address sexual assault and harassment claims in the workplace. The legislation passed the House on February 7, 2022, and the Senate on February…

Read More Congress Passes Bill to End Forced Arbitration in Cases of Sexual Assault and Sexual Harassment
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In Maher v. Nusret New York LLC, 2022 WL 443619 (S.D.N.Y. Feb. 14, 2022), the court granted plaintiff’s motion to remand this case back to state court, due to the absence of federal subject matter jurisdiction. From the decision: The purported federal question raised, in defendant’s view, is whether CPLR § 7515 is preempted by…

Read More Hostile Work Environment Case Against Nusret New York Remanded to State Court; Federal Question Not Raised By Alleged Arbitration Preemption
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In Lee v. Engel Burman Grande Care at Jericho, LLC, et al, 20-CV-3093, 2021 WL 3725986 (E.D.N.Y. Aug. 23, 2021), the court granted defendants’ motion to compel arbitration of plaintiff’s sexual harassment claims, and stayed the action pending the outcome of arbitration. Specifically, the court rejected plaintiff’s arguments seeking to avoid arbitration on the grounds…

Read More Sexual Harassment Claims Stayed Pending Arbitration
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In Newton v. LVMH Moët Hennessy Louis Vuitton Inc., No. 154178/2019, 2020 WL 3961988, 2020 N.Y. Slip Op. 32290(U) (N.Y. Sup Ct, New York County July 10, 2020), a sexual harassment case, the court – citing CPLR 7515 – held that plaintiff was not bound by an arbitration agreement, and thus could proceed with her…

Read More Sexual Harassment Plaintiff May Proceed in Court; Arbitration Not Required
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In White v. WeWork Companies, Inc., 20-cv-1800, 2020 WL 3099969 (S.D.N.Y. June 11, 2020), the court, inter alia, granted defendant’s motion to compel arbitration of plaintiff’s discrimination claims. In reaching this determination, the court considered the application of the relatively recently-enacted Section 7515 of the New York Civil Practice Law and Rules, which (among other…

Read More Court Finds Employment Discrimination Claims Must Be Arbitrated, Notwithstanding CPLR 7515
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In Saltzman v. Exlservice Holdings Inc., No. 154361/2019, 2019 WL 6843028 (N.Y. Sup Ct, New York County Dec. 11, 2019), the court denied defendants’ motion to compel arbitration of plaintiff’s gender discrimination and retaliation claims asserted under the New York City Human Rights Law. In sum, plaintiff asserts that defendants treated her worse than similarly-situated…

Read More Gender Discrimination and Retaliation Claims Not Subject to Arbitration Clause, Court Holds
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In a recent New York State Court filing, petitioner Andrea Tantaros – in the matter of Tantaros v. Fox News Channel, LLC et al, Index No. 156936/2019 – seeks a Temporary Restraining Order precluding Respondents from continuing to arbitrate Petitioner’s sexual harassment allegations, to grant her request for a preliminary and permanent injunction staying the…

Read More Andrea Tantaros Attempts to Utilize NY’s New Anti-Arbitration Law in New Filing
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In Bugtani v. Dish Network LLC, 2019 WL 2914158 (EDNY 2019), the court, inter alia, held that plaintiff’s employment discrimination and sexual harassment claims under Title VII of the New York State and City Human Rights Laws were subject to arbitration. From the decision: The arbitration agreement that the plaintiff signed is broad, see Johnston…

Read More Employment Discrimination, Sexual Harassment (Non-SOX) Claims Are Subject to Arbitration, Court Holds
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In Abreu et al v. Fairway Market LLC et al, 17-cv-9532, 2018 WL 3579107 (S.D.N.Y. July 24, 2018), the court granted defendants’ motion to compel arbitration of plaintiffs’ employment discrimination claims under the  Federal Arbitration Act, 9 U.S.C. § 1 et seq. In this case, plaintiffs alleged “that Fairway Market and its employees discriminated and…

Read More Court Grants Motion to Compel Arbitration; Economic Duress Argument Rejected
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In a pro-employer, 5-4 decision issued today – Epic Systems Corp. v. Lewis, No. 16-285, 2018 WL 2292444 (U.S. 2018) – the U.S. Supreme Court held that mandatory arbitration agreements are enforceable under the Federal Arbitration Act, and that doing so does not violate the National Labor Relations Act (NLRA). From the Opinion (per Justice…

Read More SCOTUS Upholds Arbitration Agreements
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