8.200 Release, settlement and severance agreements
8.111 Subject matter jurisdiction
8.112 Standard of review of arbitration decision
8.113 Scope of Federal Arbitration Act
8.113.10 Exclusion for transportation workers
8.113.20 Who is a transportation worker?
8.113.30 Whether FAA applies to particular claims?
8.114 Miscellaneous procedural issues
8.114.10 Federal policy favors arbitration
8.114.20 How soon must arbitration be sought?
8.114.30 Standard for waiver of statutorily protected
rights in collective bargaining agreement
8.114.40 When can a party compel arbitration?
8.114.50 When motion to compel arbitration is granted,
should lawsuit be dismissed or stayed?
8.114.60
Whether decision compelling arbitration is
appealable
8.120 Determining the scope of an arbitration agreement
8.121 Is determination made by court or arbitrator?
8.130 State contract law controls
8.140 Whether an agreement exists
8.141.10 Whether employer's offer is illusory
8.142 Employee's or applicant's acceptance
8.142.10 Whether employee was provided sufficient
notice of agreement
8.142.20 Acceptance based on continuing to work
8.142.30 Whether employee knowingly entered into
arbitration agreement
8.142.32 Employee's duty to understand
agreement before signing
8.143 Whether agreement must be in writing?
8.144 Whether agreement must be signed by the parties?
8.150 Whether agreement is enforceable
8.151.10 Individualized assessment
8.151.20 Agreement cannot require that employee
forego substantive rights
8.151.30 Mandatory arbitration agreements are
enforceable
8.151.40 Whether employer's right to modify or
terminate agreement makes it illusory
8.152 Procedural unconscionability
8.153 Substantive unconscionability
8.154 Whether unenforceable clause is severable
8.160 Whether certain provisions are unconscionable
8.170 EEOC's right to seek judicial relief on behalf of employee
notwithstanding arbitration agreement
8.171 No duty of employee to arbitrate while EEOC is seeking
judicial relief
8.180 Waiver of right to contest submission to arbitration
8.181 Waiver of right to challenge biased arbitrator
8.191 Arbitration agreement to administrative claims pending
when agreement is enacted
8.200 Release, settlement and severance agreements
8.211 Employer bears burden of proving waiver and release
8.212 Court's jurisdiction to enforce settlement agreements
8.213 Standard of review as to district court's decision whether
to enforce a settlement agreement
8.214 Lack of written and/or signed settlement agreement
8.215 Attorney's authority to settle on behalf of client
8.216 Whether settlement agreement precludes fee award
8.217 Settlements are binding on both parties
8.218 Whether settlement proceeds are taxable as income?
8.220 Validity of settlement agreements
8.221.10 Does federal or state law control?
8.221.20 District court should hold a hearing to resolve
disputes
8.222 ADEA (see OWBPA)
8.223.30 Knowing and voluntary
8.223.31 Waiver may comply with OWBPA and
still not be knowing and voluntary
8.223.40 Whether agreement is reasonably calculated to
be understood?
8.223.50 Particular issues - classification or
organizational unit
8.223.60 Ratification / tender back under the ADEA
8.223.70 Effect of invalid provisions
8.224 ADA
8.225.10 Ratification / tender back under the FMLA
8.227.10 Ratification / tender back under Title VII
8.228 Whether certain provisions are unenforceable
8.228.10 Prohibition on filing EEOC charge
8.228.20 Cannot prospectively waive claims