Employers Should Check their Arbitration Agreements in Light of Fifth Circuit Case

On June 11, 2018, the Fifth Circuit (which governs Texas federal courts) issued an important decision governing arbitration agreements between employers and employees. The court found that an arbitration agreement between an employer and an employee was not enforceable because the employer had not signed it. This decision represents a departure from other cases in Texas, such as In re Halliburton Co., where Texas courts have found a signature by the employer is not required to enforce an arbitration agreement.

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