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Compulsory Arbitration Agreements In Employment Contracts From Gardner-Denver To Austin: The Legal Uncertainty And Why Employers Should Choose Not To Use Preemployment Arbitration Agreements, John-Paul Motley
Vanderbilt Law Review
In Gilmer v. Interstate/Johnson Lane Corp. the Supreme Court enforced a mandatory arbitration clause in a securities registration application and barred the employee from seeking relief in federal court for his Age Discrimination in Employment Act ("ADEA") claim.' Since the Court's decision compelling arbitration of an employee's statutory claim, labor and employment lawyers have encouraged employers to include binding arbitration clauses covering all potential employer-employee claims in employment applications, handbooks, and collective bargaining agreements ("CBAs"). As one commentator wrote after the Gilmer decision, "[t]he only thing remaining is for employers to begin writing compulsory arbitration clauses into their employment contracts." …
Gray Power In The Gray Area Between Employer And Employee: The Applicability Of The Adea To Members Of Limited Liability Companies, Alan R. Haguewood
Gray Power In The Gray Area Between Employer And Employee: The Applicability Of The Adea To Members Of Limited Liability Companies, Alan R. Haguewood
Vanderbilt Law Review
The American populace is aging.' At the same time, modern medicine enables Americans to remain productive members of the workforce for a longer period of time. The confluence of these two trends augurs increased use of the Age Discrimination in Employment Act ("ADEA), as companies try to force aging employees to retire despite their prolonged productivity. Another trend within the past decade has been the rise of various hybrid corporate forms that combine the beneficial aspects of partnerships and corporations, one example of which is the limited liability company ("LLC"). This increase in the number of different types of corporate …