The Supreme Court has weighed in: class and collective action waivers in arbitration agreements are lawful and must be enforced under the Federal Arbitration Act (FAA). ...more
5/22/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
On May 15, 2017, the U.S. Supreme Court reiterated the principle that the Federal Arbitration Act (FAA) requires states to treat arbitration agreements just as they treat other types of contracts. In Kindred Nursing Centers...more
On August 22, 2016, a California Court of Appeal held that an arbitration agreement in an employee handbook did not create an enforceable agreement to arbitrate. Esparza v. Sand & Sea, Inc. et al., B268420 (Aug. 22, 2016). ...more
On August 22, 2016, in Morris et al. v. Ernst & Young, LLP, a panel of the U.S. Court of Appeals for the Ninth Circuit followed the lead of the National Labor Relations Board (“NLRB”) and the U.S Court of Appeals for the...more
8/24/2016
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Protected Concerted Activity
On May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Lewis v. Epic-Systems Corp., finding that the company's arbitration agreement, which prohibits employees from participating in “any...more
5/31/2016
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
D.R. Horton v NLRB ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
FRCP 23 ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7
In a controversial decision that rejects the precedent of numerous federal and state courts, the National Labor Relations Board (NLRB) has reaffirmed its earlier decision in D.R. Horton, Inc., 357 NLRB No. 184 (2012). In...more
In an important decision on employment arbitration agreements with pre-dispute class and collective action waivers, in Iskanian v. CLS Transportation of Los Angeles the California Supreme Court held that U.S. Supreme Court...more
Almost one year after the U.S. Supreme Court summarily vacated the original 2011 Sonic-Calabasas opinion (Sonic I), the California Supreme Court issued its opinion on remand in Sonic-Calabasas A, Inc. v. Moreno (Sonic II)....more