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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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June 28, 2018

U.S. Supreme Court Roundup – 2017-2018

June 28, 2018

The U.S. Supreme Court term that ended June 2018 included decisions on many topics important to workplace law, including class action waivers in employment arbitration agreements, public-sector “agency shop” arrangements, and the Fair Labor Standard Act’s “automobile dealer” overtime exemption. The Court also examined who is a “... Read More

June 25, 2018

Retail Industry Workplace Law Update – Summer 2018

June 25, 2018

Supreme Court Approves Use of Class Action Waivers in Employment Arbitration Agreements The National Labor Relations Act (NLRA) does not bar class action waivers in employment arbitration agreements, the U.S. Supreme Court has ruled. Such waivers are enforceable under the Federal Arbitration Act (FAA).  Read full article…... Read More

June 8, 2018

New Jersey Closer to Bar on Jury Waivers, Arbitration Agreements, Secrecy of Harassment Settlements

June 8, 2018

The New Jersey Senate has passed a bill that would prohibit jury waivers and agreements that conceal the details of discrimination claims under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq. (LAD). The bill, which passed by a vote of 34-1, also would call into question the enforceability of agreements to arbitrate... 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