The FAA preempts California’s Code of Civil Procedure section 1281.97, which requires employers to pay arbitration fees within 30 days of the due date or return the case to court, a state appellate panel has ruled....more
In a highly anticipated ruling, the California Supreme Court has held that employees may still have standing to sue for Labor Code violations in a representative capacity, even when their individual claims have been compelled...more
7/19/2023
/ Arbitration ,
Arbitration Agreements ,
Article III ,
CA Supreme Court ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Standing ,
Viking River Cruises Inc v Moriana
This week, California’s Supreme Court heard oral argument in Adolph v. Uber Technologies Inc., No. S274671, a case in which the Court is poised to decide whether it will, in effect, overrule part of a recent U.S. Supreme...more
Yesterday, the United States Supreme Court issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, regarding California’s ban on Private Attorney General Act (PAGA) representative waivers...more
6/16/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Federal Arbitration Act ,
Federal v State Law Application ,
Iskanian v CLS Transportation ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
In a major turn of events for California employers, on December 15, 2021, the U.S. Supreme Court granted certiorari in a case that challenges California’s ban on arbitration agreements that limit employees’ right to sue their...more
12/17/2021
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Labor Regulations ,
Petition for Writ of Certiorari ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Wage and Hour
Last month, a split Ninth Circuit panel ruled that certain portions of California’s Assembly Bill 51 (2019) were not preempted by the Federal Arbitration Act (FAA) and held that employers are prohibited from requiring...more
10/28/2021
/ Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
Motion To Enjoin ,
Preemption ,
State Labor Laws
On September 15, 2021, a split Ninth Circuit panel ruled that certain portions of California’s Assembly Bill 51 (2019) were not preempted by the Federal Arbitration Act (FAA), raising questions as to whether many employers’...more
AB 51 was signed into law on October 10, 2019, and purported to outlaw the use of mandatory arbitration agreements in employment claims related to the Fair Employment and Housing Act or the Labor Code. You can read our...more
The Supreme Court, in a sharply-divided 5-4 ruling issued on April 24, ruled that nothing in the Federal Arbitration Act allows courts to compel class action arbitration even if the contract is ambiguous in that regard, and...more
On May 21, 2018, in a significant decision for employers nationwide, a divided United States Supreme Court held in a trio of cases that employers may require employees—as a condition of employment—to enter into arbitration...more
The Customer Isn't Always Right—Especially When He Harasses Employees:
Why it matters -
Providing an important reminder about the potential for liability from customers, a new lawsuit was filed against a supermarket...more
8/21/2015
/ Administrative Appeals ,
Age Discrimination ,
Arbitration Agreements ,
Department of Homeland Security (DHS) ,
Employee Transfers ,
Employment Discrimination ,
Form I-129 ,
H-1B ,
NLRA ,
NLRB ,
Section 7 ,
Sexual Harassment ,
USCIS
Today, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transportation Los Angeles, Inc. The Court upheld the general enforceability of class waivers in mandatory employment arbitration...more
California Supreme Court Strikes Down $15 Million Employee Class Action Win and Orders Decertification in Duran V. U.S. Bank Nat’l Ass’n -
Why it matters: On May 29, 2014, the California Supreme Court unanimously...more
6/3/2014
/ Arbitration Agreements ,
Banks ,
Class Action ,
Class Certification ,
Confidentiality Agreements ,
Corporate Officers ,
Decertify ,
Employee Rights ,
Exempt-Employees ,
Family and Medical Leave Act (FMLA) ,
Restrictive Covenants ,
Technology ,
US Bank National Association
Second Circuit: Inability to Sit for Long Periods Can Trigger ADA Coverage -
Why it matters: Can an employee’s inability to sit for a prolonged period of time constitute a disability under the Americans with...more