On Oct. 10, California Governor Gavin Newsom signed into law an attempt by California’s Legislature to limit arbitration of claims under California’s Fair Employment and Housing Act (“FEHA”). ...more
Recent New York legislation in reaction to the #MeToo movement has sought to limit or foreclose arbitration of employment-related disputes. See N.Y. C.P.L.R. § 7515 (“§ 7515”) and its June 19, 2019, amendment, bill...more
The U.S. Supreme Court, in a 5-4 decision, ruled that arbitration agreements must provide a “contractual basis for concluding that the part[ies] agreed to [class arbitration].” ...more
4/25/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
The U.S. Supreme Court has agreed to review whether the Federal Arbitration Act (FAA) preempts a California state court rule on unconscionable provisions that is purportedly applied more stringently to arbitration agreements...more
10/9/2015
/ Arbitration Agreements ,
AT&T Mobility v Concepcion ,
DirectTV ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Independent Contractors ,
Misclassification ,
Preemption ,
Putative Class Actions ,
SCOTUS ,
Unconscionable Contracts
The Ninth Circuit Decision -
Delivering a perhaps unexpected blow to employers, the Ninth Circuit sided with the California Supreme Court earlier this week in upholding the state-court-fashioned Iskanian rule, which...more
10/9/2015
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility ,
AT&T Mobility v Concepcion ,
CA Supreme Court ,
Class Action Arbitration Waivers ,
Coca Cola ,
Federal Arbitration Act ,
Iskanian ,
Iskanian v CLS Transportation ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Unpaid Overtime ,
Wage and Hour
For a second time the U.S. Supreme Court declined to hear a case challenging a California Supreme Court holding that the state’s Private Attorneys General Act (PAGA) could not be waived in a mandatory arbitration agreement....more
6/4/2015
/ Arbitration ,
Arbitration Agreements ,
Bridgestone ,
CA Supreme Court ,
Class Action ,
Class Action Arbitration Waivers ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Wage and Hour
In an October 22, 2014, posting, we addressed the growing divide between California federal district courts and the California Supreme Court over whether an arbitration agreement can waive an employee’s right to pursue a...more