Scott Jang at Jackson Lewis P.C.

Eighth Circuit Decides When a ‘Dispute’ Arises Under the Ending Forced Arbitration Act

When a “dispute” arises under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) depends on when the specific facts of the case show a “conflict or controversy” exists between the parties, the...more

8/8/2024 / Arbitration , Arbitration Agreements , Corporate Counsel , Duty to Preserve , Employment Contract , Employment Litigation , Evidence , Mandatory Arbitration Clauses , Sexual Assault , Sexual Harassment

Prejudice Not Required: California Supreme Court Eases Standard for Waiving Arbitration Rights

California courts, like most federal courts, have historically held that a party does not waive its contractual right to compel arbitration unless the party opposing arbitration has been prejudiced by the moving party’s delay...more

8/2/2024 / Arbitration , CA Supreme Court , Federal Arbitration Act , Motion to Compel , Prejudice , Waivers

Ninth Circuit Continues to Expand Transportation Worker Exemption Under Federal Arbitration Act

Courts are finding more workers who do not physically transport goods or people across state lines to be transportation workers exempt from arbitrating their claims under the Federal Arbitration Act (FAA). The U.S. Court of...more

7/25/2024 / Arbitration Agreements , Commercial Truck Drivers , Delivery Drivers , Federal Arbitration Act , Interstate Commerce , Motion to Compel , Over-Time , Rest and Meal Break , Transportation Industry

California Supreme Court Clarifies Discovery Limitations and Severability in Arbitration Agreements

The California Supreme Court issued its opinion in Ramirez v. Charter Communications, affirming in part that the arbitration agreement contained some substantive unconscionability but remanding the case to determine whether...more

7/19/2024 / Arbitration Agreements , Attorney's Fees , CA Supreme Court , Discovery , FEHA , Mutuality , Statute of Limitations

California Overhauls Private Attorneys General Act

On July 1, 2024, California Governor Gavin Newsom signed two bills, Senate Bill 92 and Assembly Bill 2288, that amend the state’s Labor Code Private Attorneys General Act (PAGA), which deputizes private parties to enforce the...more

7/2/2024 / California , Employment Litigation , Good Faith , Governor Newsom , Labor & Workforce Development Agency (LWDA) , Labor Code , Labor Law Violations , Penalties , Private Attorneys General Act (PAGA) , State Labor Laws , Wage and Hour , Wage Statements

California Court of Appeal Holds California’s Law Regarding Payment of Arbitration Fees Preempted by FAA

In 2019, California enacted Senate (SB) Bill 707, a law codified as California Code of Civil Procedure sections 1281.98 and 1281.99, that automatically deems an employer’s failure to pay fees required for the commencement or...more

6/3/2024 / Appellate Courts , Arbitration Agreements , Arbitration Fees , California , Failure To Pay , Federal Arbitration Act

Disputing What ‘Dispute’ Means: Courts Debate When Ending Forced Arbitration Act Applies

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) gives an employee the option of bringing claims related to sexual assault or harassment in court instead of arbitration. The EFAA, however,...more

5/21/2024 / Arbitration , Dispute Resolution , Documentation , Evidence , Labor Disputes , Mandatory Arbitration Clauses , Sexual Assault , Sexual Harassment

Ninth Circuit Holds Warehouse Worker Qualifies as Transportation Worker Under FAA Exemption

Arbitration agreements with warehouse workers and others who play a “direct and necessary role” in the transportation of goods and people may fall within the “transportation worker exemption” to the Federal Arbitration Act...more

4/17/2024 / Arbitration Agreements , Federal Arbitration Act , Foreign Commerce , Interstate Commerce , Job Duties , Railways , Seamen

California’s Law Barring Mandatory Arbitration Agreements Permanently Enjoined

A federal district court has entered a permanent injunction barring the State of California from enforcing Assembly Bill (AB) 51, California’s law that purports to preclude employers from requiring arbitration agreements as a...more

1/9/2024 / Arbitration , Arbitration Agreements , California , Corporate Counsel , Federal Arbitration Act , State Labor Laws

California Supreme Court Holds Employee Retains Standing for Non-Individual PAGA Claims in Court

The California Supreme Court held that when a court compels an employee to arbitrate their “individual” Labor Code Private Attorneys General Act (PAGA) claims, the employee retains statutory standing to pursue...more

7/19/2023 / Arbitration Agreements , CA Supreme Court , Class Action , Private Attorneys General Act (PAGA) , Standing , Uber , Viking River Cruises Inc v Moriana , Wage and Hour

U.S. Supreme Court: Federal Courts Must Stay Proceedings During Appeal of Arbitration Denial

The U.S. Supreme Court held that when a district court denies a motion to compel arbitration under the Federal Arbitration Act (FAA), the court must stay its proceedings while that appeal is pending. Coinbase, Inc. v....more

6/28/2023 / Arbitration Agreements , Automatic Stay , Coinbase Inc v Bielski , Cryptocurrency , Federal Arbitration Act , Fraud , Interlocutory Appeals , Motion to Compel , Pre-Trial Motions , SCOTUS , Stays

PAGA Standing At Issue In California Supreme Court Oral Argument

On May 9, 2023, the California Supreme Court heard oral arguments in Adolph v. Uber to decide “[w]hether an aggrieved employee who has been compelled to arbitrate [their individual] claims under the [California Labor Code]...more

5/18/2023 / Arbitration , Arbitration Agreements , CA Supreme Court , Private Attorneys General Act (PAGA) , Standing

NIST Reveals Government Strategy to Support U.S. Semiconductor Research and Development

The U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) has released a paper outlining its vision and strategy for a National Semiconductor Technology Center (NSTC), a key component of the...more

5/4/2023 / NIST , Research and Development , Semiconductors , Technology Sector , U.S. Commerce Department

California Court of Appeal Stresses the Difference Between Substantive and Procedural Unconscionability for Arbitration Agreements

In a pair of cases decided by the Second Appellate District of the California Court of Appeal, the Court reiterated the difference between procedural and substantive unconscionability when it comes to invalidating arbitration...more

5/1/2023 / Appellate Courts , Arbitration Agreements , California , DFEH , Equal Employment Opportunity Commission (EEOC) , Mutuality , Pre-Employment Agreements , Substantive Rule

Federal Arbitration Act Preempts California Ban on Mandatory Arbitration Contracts, Ninth Circuit Holds

The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s grant of a preliminary injunction barring enforcement of California’s Assembly Bill (AB) 51 with respect to arbitration agreements governed by the...more

2/17/2023 / Arbitration Agreements , California , Corporate Counsel , Employer Liability Issues , Employment Contract , Federal Arbitration Act , FEHA , Mandatory Arbitration , State Labor Laws

California Courts Provide Employers More Reasons to Review Their Arbitration Agreements

A pair of recent California Court of Appeal decisions serve as yet another reminder to employers of the difficulties that they potentially face when enforcing arbitration agreements in California and, as a result, the...more

2/10/2023 / Arbitration Agreements , California , Corporate Counsel , Third-Party Beneficiaries , Wage and Hour

Class Action Trends Report Winter 2023

In this issue of the Jackson Lewis Class Action Trends Report, we welcome the New Year and look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead...more

The “I Do Not Recall Signing” Defense to Arbitration Agreements Ruled Out by California Court of Appeal

Among the many challenges employers face in enforcing employment arbitration agreements in California are employees arguing that they are not bound by the agreement because they do not recall signing it, even when the...more

1/25/2023 / Arbitration , Arbitration Agreements , California , E-Signatures , Personal Knowledge , State Labor Laws

California Private Attorneys General Act – A Look Back at 2022

Thousands of cases are filed under California’s Private Attorneys General Act (PAGA) each year and many of them made the headlines in 2022. PAGA authorizes employees to file lawsuits to collect penalties for California Labor...more

1/5/2023 / California , Federal Arbitration Act , Private Attorneys General Act (PAGA) , State and Local Government , Viking River Cruises Inc v Moriana

U.S. Supreme Court to Decide Whether Appeal of Denial of Motion to Compel Arbitration Stays Litigation

The U.S. Supreme Court will decide whether the appeal of a denial of a motion to compel arbitration mandates that the district court stay litigation pending appeal or permits the district court to decide on a case-by-case...more

12/15/2022 / Appeals , Arbitration , Arbitration Agreements , Class Action , Coinbase , EFTA , Federal Arbitration Act , Interlocutory Appeals , Motion to Compel , SCOTUS

U.S. Supreme Court Denies Petition for Rehearing in Viking River Cruises, Inc. v. Moriana

On June 15, 2022, the U.S. Supreme Court ruled in Viking River Cruises, Inc. v. Moriana that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private...more

8/25/2022 / Denial of Certiorari , Final Judgment , Petition For Rehearing , Private Attorneys General Act (PAGA) , SCOTUS , Viking River Cruises Inc v Moriana

Ninth Circuit Withdraws Prior Opinion Regarding California’s AB 51 and Grants Panel Rehearing

Since 2021, the challenge to California’s Assembly Bill (AB) 51 (on employment arbitration) has been in limbo awaiting the U.S. Court of Appeals for the Ninth Circuit’s decision on a petition to rehear the appeal en banc....more

8/23/2022 / Arbitration , Arbitration Agreements , Chamber of Commerce , Employment Contract , En Banc Review , Federal Arbitration Act

California Supreme Court Accepts Invitation to Weigh In on Employment Arbitration Agreements & PAGA