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Alternative Dispute Resolution

The proliferation of employee lawsuits has led many employers to consider in-house programs for handling complaints and alternative means to resolve disputes without litigation.

Overview

Jackson Lewis counsels employers on all aspects of alternative dispute resolution, from creating, designing and evaluating pre-dispute issue resolution procedures to training management, coordinating implementation and assessing effectiveness.

We advise employers on a variety of programs, including:

  • Internal mediation;
  • Ombudsman;
  • Peer review; and
  • Voluntary and/or mandatory arbitration.

When challenged by an employee or government agency, our attorneys have defended arbitration agreements and have represented employers at all levels of state and federal courts, including the United States Supreme Court.

The Team

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December 13, 2019

Restaurant Industry Workplace Law Update – Fall 2019

December 13, 2019

To assist restaurant owners and professionals in assessing emerging employment risks, we are pleased to provide the first issue of our newsletter. The Restaurant Industry Workplace Law Update highlights topical issues in claims, defenses, and liability risk management developments. Supreme Court’s Epic Systems Decision on Arbitration... Read More

December 12, 2019

California Bar on Mandatory Arbitration Agreements in Employment Challenged, Injunction Sought

December 12, 2019

The U.S. Chamber of Commerce and other business organizations have filed suit in federal court against the State of California to have AB 51 declared preempted by the Federal Arbitration Act (FAA). Chamber of Commerce of the United States v. Becerra, No. 2:19-cv-2456 KJM DB. Alternatively, the lawsuit seeks a declaration that AB 51’s... Read More

October 18, 2019

Pay the Piper – California Employers Pressed to Pay Arbitration Fees or Risk Harsh Consequences

October 18, 2019

California employers may face harsh consequences for failing to pay arbitration fees on time under a bill (Senate Bill 707) signed by Governor Gavin Newsom on October 13, 2019. The new law goes into effect on January 1, 2020. Under the new law, if an employer fails to pay fees required for the commencement or continuation of an... Read More

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May 22, 2018
90.5 WESA Pittsburgh NPR

James Prozzi Discusses SCOTUS Class Action Waiver Decision

May 22, 2018

James Prozzi discusses implications of the SCOTUS ruling regarding class action waivers in employment arbitration agreements in 90.5 WESA's "Divided Supreme Court Sides With Businesses Over Workers." Subscription may be required to view article. Read More

May 22, 2018
Bloomberg BNA

Jake Schwartz Comments on Implications of Epic SCOTUS Decision

May 22, 2018

Jake Schwartz comments on the implications of the U.S. Supreme Court's decision to legalize class action waivers in mandatory arbitration agreements in Bloomberg's "Supreme Court Warms Up ‘Thousands’ of Frozen Worker Claims." Subscription may be required to view article Read More