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Fenwick Employment Brief - July 2014

California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims - Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in...more

Six Days on the Road and I'm Gonna Park My Truck to Comply with State Laws Tonight

My apologies to Dave Dudley. The song “Six Days on the Road” just doesn’t stand up to the changes we would have to make after the Ninth Circuit’s decision that the state meal and rest break laws are not preempted by federal...more

California Supreme Court Upholds Class Action Waiver In Arbitration Agreement

Finally! The California Supreme Court recently fell in line with the United States Supreme Court on the enforceability of class action waivers in arbitration agreements by upholding their enforceability. Previously, the...more

California Supreme Court: Gentry is Gone. PAGA Lives On.

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

California Supreme Court Rules that Employers Are Entitled to Include Class Action Waivers in Arbitration Agreements

In a welcome development for California businesses, the California Supreme Court issued a favorable ruling on June 23, 2014, holding that California law permits employers to require employees to sign arbitration agreements...more

Supreme Court Agrees to Resolve Current Appellate Court Split on EEOC’s Conciliation Obligations

In December 2013, we reported on the Seventh Circuit’s controversial decision in EEOC v. Mach Mining, in which the Court exacerbated the already existing split amongst federal appellate courts regarding the EEOC’s obligation...more

eAlert - Class Action Waivers Are Enforceable According to the California Supreme Court

Class action waivers in arbitration agreements are enforceable according to a California Supreme Court decision issued yesterday. In Iskanian v. CLS Transportation Los Angeles, LLC, the California Supreme Court finally...more

California Supreme Court Upholds Validity Of Class Action Waivers In Employment Arbitration Agreements; Prohibits Waivers For...

The California Supreme Court has upheld the validity of class action waivers in employment arbitration agreements, reversing its prior rule that California courts could refuse to enforce such waivers on grounds of public...more

Eleventh Circuit Enforces Class Arbitration Waiver

The Eleventh Circuit affirmed a ruling compelling arbitration of an employment dispute. Plaintiff employees brought a putative collective action suit against the defendant, a windshield repair company, pursuant to the Fair...more

California Almost Goes Along on Class Waivers

The California Supreme Court has ruled that class action waivers in employment arbitration agreements are enforceable – with one gaping exception. Iskanian v. CLS Transportation Los Angeles, L.L.C., S204032 (Cal. June 23,...more

California Supreme Court: "Illegal Immigrant Shouldn't Have Been Hired – But Can't Be Fired Illegally"

On June 26, 2014, the California Supreme Court decided that an employee may proceed with a discrimination lawsuit even though he presented false work authorization documents to obtain employment in the first place....more

More Good News for Class Action Waivers in Arbitration Agreements: California Supreme Court Upholds Class Action Waiver in...

On June 23, the California Supreme Court issued its first opinion upholding a class action waiver following the U.S. Supreme Court’s seminal decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011). Iskanian v....more

Class Action Waivers in Employment Arbitration Agreements Enforceable - Landmark California Supreme Court Ruling Is Positive for...

In an opinion filed June 23, 2014, Iskanian v. CLS Transportation Los Angeles, LLC,(Iskanian) the California Supreme Court gave employers some relief when faced with class action suits. The court's significant decision will...more

California Employees may Waive Right to Arbitrate on Behalf of a Class, but not PAGA Claims

California Supreme Court rules the Federal Arbitration Act preempts State’s refusal to enforce class arbitration waivers on public policy or unconscionability grounds; holds PAGA claims unwaivable. On June 23, 2014,...more

The California Supreme Court Holds That an Employee May Waive the Right to Bring a Wage and Hour Class Action in an Arbitration...

On Monday, June 23rd, 2014, the California Supreme Court issued its long awaited decision in Iskanian v. CLS Transportation. In Iskanian, the Court held that waivers of the right to bring a wage and hour class action,...more

California Supreme Court "Green Lights" Class Action Waivers in Arbitration Agreements

On June 23, the California Supreme Court in Iskanian v. CLS Transportation, a case involving state wage and hour claims, recognized that the U.S. Supreme Court's 2011 Concepcion decision effectively invalidated the California...more

California Supreme Court Upholds Employment Class Action Waivers, but Rejects Waivers of PAGA Claims

The California Supreme Court issued an important decision last week on the enforceability of employment class action waivers included in arbitration agreements. The result: private parties can contract for the waiver of the...more

California Supreme Court Enforces Class Action Waivers in Employee Arbitration Agreements

However, the court found PAGA representative action waivers unenforceable; employers should consider practical implications with respect to arbitration agreements. On June 23, the California Supreme Court issued its...more

Calif. Supreme Court Sides Against NLRB, Finds Class Action Waivers in Arbitration Agreements Enforceable

The Supreme Court of California recently found an employee’s waiver of the right to bring a class action against his former employer enforceable under state law. In the process, the court reversed its 2007 decision in Gentry...more

California High Court OKs Class Action Waivers in Employment Arbitration Agreements

On Monday, the California Supreme Court ruled in Iskanian v. CLS Transportation Los Angeles, LLC that class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA)....more

Class Action Waivers Good in California, PAGA Waivers Perhaps

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

California Supreme Court Follows Trend in Enforcing Class Arbitration Waiver in Employment Setting

California often prides itself on setting trends. When it comes to class arbitration waivers, though, California is just now catching up with the rest of the country. Headlined by the U.S. Supreme Court’s ruling in AT&T...more

Three key cases in one day address the future contours of arbitration clauses in California: action steps for employers

After what seems like years of confusion, the California Supreme Court this week clarified the permissible scope of class action waivers in arbitration clauses in California on June 23 in Iskanian v. CLS Transportation Los...more

California Supreme Court Upholds Enforceability of Class Action Waivers in Mandatory Arbitration Agreements

The California Supreme Court has upheld the use of class action waivers in mandatory arbitration agreements. In Iskanian v. CLS Transportation of Los Angeles (June 23, 2014), the court held that a state's refusal to enforce...more

State Supreme Court Rules Class Action Waivers Enforceable

Employers Can Now Force Individual Arbitrations of Employee Wage and Hour Claims - Class action arbitration waivers are enforceable under the Federal Arbitration Act, the California Supreme Court recently ruled in its...more

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