Vidal v. Advanced Care Staffing, LLC

  1. April 30, 2024

    How Fee-Shifting Clauses Can Sink An Arbitration Pact

    Arbitration agreements workers must sign as a job requirement may be found unenforceable if they include a fee-shifting provision that could make the out-of-court process so costly that they chill enforcement of employment laws, attorneys told Law360.

  2. April 05, 2024

    2nd Circ. Spurns DOL Bid To Publish Worker-Friendly Opinion

    The Second Circuit rejected a U.S. Department of Labor request that it publish a nonprecedential opinion concluding that a nurse staffing company's so-called loser-pays arbitration clause was invalid under federal labor law.

  3. March 07, 2024

    2nd Circ. Keeps Nurse's Win In 'Loser Pays' Arbitration Row

    The Second Circuit said Thursday that a worker advanced "sufficiently serious" questions of whether a staffing company's arbitration provision requiring him to pay if he lost would impede on his rights, keeping a New York federal court's ruling.

  4. February 23, 2024

    NY Forecast: 'Loser Pays' Arbitration Clause At 2nd Circ.

    This week, the Second Circuit will consider a staffing company's challenge to a lower court decision that blocked arbitration proceedings with a worker over a provision in the arbitration agreement that required the worker to pay if he lost the case. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  5. November 28, 2023

    Workers Can't Pay For Arbitration, DOL Tells 2nd Circ.

    The U.S. Department of Labor urged the Second Circuit to rule that contract language requiring workers to pay for employers' attorney fees in the event of an arbitral defeat runs afoul of the Fair Labor Standards Act and cannot be enforced.