The Supreme Court ruled on April 24, 2019 that an arbitration agreement which is ambiguous as to whether the parties had agreed to class arbitration was insufficient to require a party to participate in class arbitration.

In the 2011 case Stolt-Nielsen S.A. v. Animal Feeds Int’l Corp., 559 U.S. 662 (2011) the Supreme Court decided that “silence” in an arbitration agreement regarding the issue of class arbitration meant that a party could not be compelled to engage in class arbitration.  In the more recent case of Lamps Plus, Inc. v. Varela, an employee had sought to compel his employer to arbitrate on a class basis claims arising out of the release of personal data belonging to its employees.


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Join us in Nashville on January 29 for a complimentary seminar reviewing 2018 employment law developments and looking forward to issues likely to be further addressed in 2019.

7:30 a.m. – 8:00 a.m. Registration and Breakfast 
8:00 a.m. – 10:30 a.m. Program

This event will be held at our Nashville Bass, Berry & Sims office.

Topics will include:
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In an article published in the Nashville Business Journal’s Largest Employers special report on July 6, 2018, I provided a column highlighting three important questions for employers to ask as they strive to reduce harassment in the workplace and cultivate a healthy workplace environment. The effectiveness of an anti-harassment policy often comes down to employee perception of how the policy is enforced, trained and embraced by leadership, so it is important that employers are mindful of the answers to these questions:

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Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a former financial advisor of JPMS claimed his employment was terminated based on racial discrimination. Through application of the three-part burden shifting analysis developed in McDonnell Douglas Corp. V. Green, the court found no evidence of discrimination and upheld the termination due to the financial advisor’s violation of the company’s document integrity policies and not his race.

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In an article published in the Spring 2017 edition of Employment Relations Today, Bass, Berry & Sims attorney Kimberly Veirs discussed ways employers can avoid retaliation claims in her article “Avoiding Workplace Retaliation: Guidance for Employers.” Workplace retaliation remains the most commonly reported complaint to the Equal Employment Opportunity Commission (EEOC) by U.S. employees across all industries. Following a slew of these claims and high-profile court cases, the EEOC issued detailed enforcement guidance in August 2016 – its first such guidance since 1998. With workplace retaliation included as one of the commission’s substantive priorities in the Strategic Enforcement Plan for 2017-2021, the EEOC remains focused on ensuring that employees and job applicants are able to challenge discrimination without fear of retribution.

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Ohio just passed a new law that could begin a trend favorable to employers. The new law allows Ohio’s Civil Rights Commission, in its discretion, to award attorneys’ fees and costs to employers who are found not to have unlawfully discriminated against an employee. Why is this important?

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