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‘In Any Capacity’ Language in Georgia Noncompetes: Appellate Court Conflict
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Court Upholds Jury Waiver Despite Unenforceable Arbitration Provision
A recent federal court ruling in Segner v. Adecco USA Inc. (2:25-cv-00768), by the Southern District Court of Ohio, provides clarity for staffing firms on the intersection of arbitration agreements and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA).
In this case, an associate of Adecco placed at Honda alleged sexual harassment and filed suit in federal court, requesting a jury trial. Although the plaintiff had signed an agreement containing both an arbitration clause and a standalone jury trial waiver, she argued that because the EFAA rendered the arbitration clause unenforceable for her claims, the entire agreement, including the jury waiver, was void.
The U.S. District Court for the Southern District of Ohio disagreed, granting Adecco’s motion to strike the jury demand. The court emphasized that the EFAA specifically targets “pre-dispute arbitration agreements” and does not inherently invalidate other contractual provisions, such as jury waivers. Because the agreement included a severability clause, the court ruled that the unenforceable arbitration provision could be removed while leaving the jury waiver intact.
Read the full story for several key takeaways for staffing firms.
ADA Essentials: What Employers Need to Know About the Interactive Process
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Covid Era Premium Pay Must Be Included in FLSA Regular Rate
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California Governor Signs EO to Prepare Workers and Businesses for Potential AI Disruption
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Nebraska Joins the Mini-WARN Movement by Enacting New Workforce Reduction Law
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Chicago Refines Paid Leave Rules Ahead of June 1 Effective Date
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Fifth Circuit Says Telework Is Not a Presumptively Reasonable Accommodation
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Repeat OSHA Citations Can Be Based on Distinct Factual Situations
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