Strategic Approaches to Arbitration Agreements In Response to Recent Changes to Federal Law

New legislation is changing the way employers resolve claims.

On March 3rd, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. A culmination of the MeToo movement’s efforts, this law amends the Federal Arbitration Act to prohibit mandatory pre-dispute arbitration agreements for sexual assault and sexual harassment claims.

However, many claims other than sexual assault and harassment cases can be pushed to arbitration. The Blank Rome team analyzes the various benefits of arbitration, including confidential proceedings, cost savings, and the class waiver to protect from class actions.

Another act that may affect employers in the future is the FAIR Act. This act would prohibit all forms of mandatory employment arbitration. While the FAIR Act likely lacks the bipartisan support to pass the Senate, employers should monitor this legislation for developments.

In this episode of BR @ Work, host Will Anthony talks with Alix Udelson, Associate at Blank Rome, and Ted Meyer, Partner at Blank Rome. They examine the new arbitration agreement changes, legislation in the pipeline, and address what employers can do to ensure that their policies and procedures meet contemporary standards.

🎙️ Meet Your Host 🎙️

Name: William J. Anthony

What he does: As a Partner at Blank Rome, Will’s labor and employment practice focuses on class, collective, and multi-party actions. He also provides training on management skills, discrimination, harassment, and other labor topics nationwide. 

Company: Blank Rome LLP

Words of wisdom: “Let's all listen a little bit more, judge a little less, and maybe do something good for others every day.”

Connect: LinkedIn | Email

🎙️ Featured Guests 🎙️

Name: Alix Udelson

What she does: Alix is an Associate in Blank Rome’s Labor and Employment sector. She represents and counsels employers across a range of matters, including discrimination and harassment, retaliation, wage and hour, failure to hire, and wrongful termination. Alix routinely devises and reviews employment guidelines and policies and works to address an array of workplace issues.

Company: Blank Rome LLP

Words of wisdom: “Every so often we get these laws, [and] a good reminder is to re-review policies to begin with.”

Connect: LinkedIn

Name: Ted Meyer

What he does: Ted is a Partner in Blank Rome’s Labor and Employment sector. He has over 25 years of experience representing employers in labor and employment matters, with a background in home building, technology, financial, energy, oil and gas, and mortgage and title industries. Ted counsels national employers, represents large and small companies in litigation proceedings, and provides representation on disputes with departing executives and managers.

Company: Blank Rome LLP

Words of wisdom: “We've seen these things flip back and forth over the years with political administrations as the winds change. So, who knows where we might be in another two, or four, or six years.”

Connect: