Duty to Arbitrate Survives End of Employment Contracts.

05 Saturday Apr 2014

Posted by Celia C. Elwell, RP in 6th Circuit Court of Appeals, Arbitration, Arbitration, Collective Bargaining, Employment Contracts, Employment Law, Fair Labor Standards Act, United States Supreme Court

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Arbitration, Baker & Hostetler, Class Action, Employment Contract, FLSA, Gregory V. Mersol, Mortgage Loan Officers, U.S. Court of Appeals for the Sixth Circuit, U.S. Supreme Court

Sixth Circuit Holds That Duty To Arbitrate Survives Expiration Of Employment Contract, Requires Individual Arbitration, by Gregory V. Mersol, Baker & Hostetler

http://tinyurl.com/q7yg9s5

With the Supreme Court having issued a series of decisions overruling many of the roadblocks to the enforcement of arbitration agreements in the class context, we are now seeing more courts fill in the gaps as to whether and when employers may rely on such agreements.

The latest of these is the case of Huffman v. The Hilltop Companies, LLC, Case No. 13-3938 (6th Cir. Mar. 27, 2014), which concerned the question of whether the duty to arbitrate and limits to class arbitration extend beyond termination. In one respect, the decision was obvious, but in another, it represents the growing, if at time reluctant, acceptance by courts of the enforceability of arbitration agreements. . . .