Mandatory arbitration provisions are common features of employment agreements, particularly for large employers. At the same time employers have consistently become more and more reliant on technology and electronic management and training tools for communicating policies to employees. These two initiatives clashed in the case Skuse v. Pfizer, Inc., where the New Jersey Appellate Division initially refused to uphold Pfizer’s arbitration agreement that was e-mailed to employees and contained within an electronic training module. On August 18, 2020, the New Jersey Supreme Court issued the final word, finding that an employee was bound by the arbitration provision by electronically clicking on an “acknowledgment” that she would be bound by the agreement if she continued working.
Published: September 24, 2020
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Published: September 7, 2016
Today, in Mohamed v. Uber Technologies, Inc., the Ninth Circuit ruled that Uber drivers must arbitrate their labor claims individually, and cannot pursue them as a class. See Mohamed v. Uber Technologies, Inc., No. 15-16178, 2016 WL 4651409 (Sept. 7, 2016 9th Cir.). Independent contractor drivers allege that Uber violated the Fair Credit Reporting Act and state statutes by running unauthorized background checks on them.