The Federal Arbitration Act preempts state laws that inhibit parties from entering into arbitration agreements.
In Chamber of Commerce v. Bonta, the Ninth Circuit ruled that the Federal Arbitration Act preempts...more
The Federal Arbitration Act is amended to invalidate pre-dispute arbitration agreements as to sexual harassment and/or sexual assault claims. This law allows persons alleging harassment or sexual assault the freedom to decide...more
California Governor Gavin Newsom has signed numerous pro-employee bills into law that will impact all Golden State employers starting January 1, 2020. For now, preparation and compliance planning are essential.
Employers...more
11/22/2019
/ Arbitration Agreements ,
Breastfeeding ,
Contract Terms ,
Corporate Counsel ,
Double Recovery ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Governor Newsom ,
Mandatory Arbitration Clauses ,
No-Rehire Provisions ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour
The U.S. Supreme Court held that arbitration agreements governed by the Federal Arbitration Act (FAA) may lawfully prohibit collective and class actions in employment disputes.
State laws, such as the California Private...more
6/6/2018
/ 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
Last month, the California Supreme Court handed down its unanimous decision in McGill v. Citibank N.A., holding that an arbitration provision that effectively waives a consumer’s statutory right to seek public injunctive...more
5/3/2017
/ Arbitration ,
Banking Sector ,
Citibank ,
CLRA ,
Consumer Contracts ,
False Advertising ,
Federal Arbitration Act ,
Injunctive Relief ,
Mandatory Arbitration Clauses ,
Preemption ,
Public Policy ,
Unfair Competition Law (UCL) ,
Unfair or Deceptive Trade Practices ,
Waivers
Compelled by U.S. Supreme Court precedent advancing arbitration as a method of dispute resolution, the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, LLC (No. S20432, June 23, 2014) held that its...more
7/10/2014
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
CLS Transportation ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Iskanian ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Trucking Industry ,
Wage and Hour
Continuing its string of recent pro-arbitration decisions, the U.S. Supreme Court handed down a decision enforcing class action waivers in arbitration agreements, even where the plaintiff’s cost of proceeding on an individual...more