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New rights for employees
A number of new employment laws came into force in April 2024 to provide greater flexibility for employees, including enhanced flexible working rights and new leave entitlements.
United States | Publication | March 2021
On February 4, 2021, a state court of appeals panel held in Alvarez v. Altamed Health Services Corp. that an arbitration agreement's appellate arbitral review provision was substantively unconscionable because it favored the employer. While the provision in question provided that either party could seek appellate review of an initial arbitration award by a second arbitrator, in practice, only the employer was likely do so, thus "unilaterally adding costs and time to the arbitration proceeding by seeking this review and thereby maximizing the employer's status as the better resourced party."
However, the court held the appellate arbitral review provision severable as the employee failed to establish any other instance of substantive unconscionability. The court rejected the employee's arguments that the employer's failure to provide a Spanish translation of the arbitration agreement (where the employee preferred, but did not require, the translation) and failure to attach the AAA rules (absent a challenge to a specific AAA rule) were substantively unconscionable. Consequently, the court held the arbitration agreement to be enforceable, reversing the trial court's order. So, in addition to providing guidance on appellate arbitral review provisions, this is a nice case to keep in your back pocket when an employee throws everything but the kitchen sink in opposition to your motion to compel arbitration.
Publication
A number of new employment laws came into force in April 2024 to provide greater flexibility for employees, including enhanced flexible working rights and new leave entitlements.
Publication
On 24 April 2024, the European Parliament voted to adopt the long-awaited EU Corporate Sustainability Due Diligence Directive (CSDDD or the Directive).
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On April 11 - 12, Luxatia International held the 4th World Legal Operations Summit in Berlin. Tom Evans, senior consultant in our Legal Operations Consulting Team, shared his tips for driving effective change management and leading successful transformation projects.
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