On September 30, 2026, the U.S. Court of Appeals for the Second Circuit joined the Sixth and Ninth Circuits in their interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act’s (EFAA) scope. In Diaz-Roa v. Hermes Law, P.C., the court extended the developing consensus view that a plaintiff who includes a “claim” of sexual assault or sexual harassment in their complaint extends the statute’s invalidation of an existing agreement to arbitrate every claim in the lawsuit—in other words, the entire “case.”
[caption id="attachment_2734" align="alignright" width="113"] Julie Badel[/caption]
Addressing an unusual set of facts, the U.S. District Court for the Northern District of Georgia has dismissed a suit challenging an employer’s practice of retaining tips that customers give to valets. The plaintiff in Malivuk v. Ameripark, No. 1:15:cv-2570 WSD (N.D. Ga. 2016), alleged that she was promised an hourly wage plus tips but that her employer, who provided valet parking services, retained a portion of the tips.
The defendant moved to dismiss the case because the plaintiff did not ...
Recent Updates
- When the AI Agent Goes Off-Script: The First Incident Playbook for Frontier AI
- Revised New York City Fair Chance Rules Take Effect October 30
- Executive Order 14398 Survives Preliminary Challenge: What Contractors and Subcontractors Should Know with Respect to DEI
- How Employers Can Manage Shorter EEOC Charge Response Deadlines
- Menopause as a Protected Class: Growing Trend or a Hot Flash?