News & Analysis as of

Arbitration Agreements Pre-Employment Agreements

Proskauer - California Employment Law

Employer May Not Challenge Voided Employment Agreements Via Interlocutory Appeal

Dominguez v. Better Mortgage Corp., 88 F.4th 782 (9th Cir. 2023) - Underwriter Lorenzo Dominguez filed this putative class and collective action against his former employer, alleging that the company failed to pay proper...more

McGlinchey Stafford

Am I Entitled to a Bonus? - McGlinchey Commercial Law Bulletin - February 16, 2024

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Ohio- Enforceability of Arbitration Agreement- Bryan Costin v. Midwest Vision Partners LLC., 8th Dist. Cuyahoga No. 112651, 2024-Ohio-463. The Eighth District Court of Appeals recently affirmed the trial court’s ruling...more

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

Jackson Lewis P.C.

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

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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

Miller Nash LLP

Washington Court of Appeals Voids Class Action Waivers in Some Wage and Hour Claims

Miller Nash LLP on

In a recently published decision, the Washington Court of Appeals declared class action waivers in certain employment agreements unenforceable. In Oakley v. Domino’s Pizza, LLC, plaintiff Oakley brought claims under the...more

Jackson Lewis P.C.

Fifth Circuit Cases Underscore Need for Attention to Detail in Arbitration Agreements Covering Whistleblower Claims

Jackson Lewis P.C. on

In the last ten years alone, SCOTUS and Circuit Courts have shaped the way employers craft and use arbitration agreements with their workforce, and the trend shows no sign of slowing down. ...more

Husch Blackwell LLP

Bipartisan Bill Ends Mandatory Arbitration of Workplace Sexual Harassment and Assault Claims

Husch Blackwell LLP on

On February 10, 2022, the U.S. Senate passed by voice vote H.R. 4445, entitled Ending Forced Arbitration of Sexual Assault (HR 4445), a bipartisan bill that invalidates pre-dispute arbitration agreements and pre-dispute...more

Manatt, Phelps & Phillips, LLP

California Appellate Court Affirms Motion to Compel Arbitration

In a victory for an employer, a California appellate panel affirmed an order to compel arbitration of a wage claim in a dispute against a mortgage company. As part of her onboarding process with AmeriHome Mortgage...more

Baker Donelson

Are Your Mandatory Arbitration Agreements Still Enforceable?

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On March 18, 2021, the National Labor Relations Board (NLRB) reconsidered the lawfulness of terms in employment arbitration agreements that require employees to sign as a pre-dispute condition of employment. Ultimately the...more

Payne & Fears

Employers No Longer Able to Require Arbitration Agreements As Condition of Employment

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On October 10, 2019, Governor Gavin Newsom signed into law a new bill (AB 51) that will have a substantial impact on the employment litigation landscape in California. ...more

Littler

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

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The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...more

Littler

Kentucky Supreme Court Rejects Conditioning Employment on Agreement to Arbitrate

Littler on

On September 27, 2018, the Kentucky Supreme Court in Northern Kentucky Area Development District v. Snyder held that the Federal Arbitration Act (FAA) does not preempt a Kentucky statute, KRS § 336.070(2), barring employers...more

Fisher Phillips

Inartful Wording Dooms Employer’s Arbitration Agreement

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A New York judge recently rejected an employer’s attempt to force an employment claim into arbitration due to a poor choice of wording in the written agreement. The August 7 decision might draw attention because of the...more

Carlton Fields

Eleventh Circuit Reverses NLRB Order, Enforcing Individualized Arbitration Clause In Employee Agreement

Carlton Fields on

A pizza delivery driver employed by Domino’s Pizza franchisee Cowabunga Inc. filed a collective action under the Fair Labor Standards Act with the National Labor Relations Board. ...more

Carlton Fields

Participation In Litigation To Avoid A Default Judgment Does Not Waive A Party’s Right To Compel Arbitration

Carlton Fields on

An employer did not waive its right to compel arbitration under an employment agreement by seeking to set aside a default in an employment discrimination suit brought against it by its employee. ...more

Fisher Phillips

Three Technology Trends That Will Change the Gig Economy in 2018

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Bill Gates once said “Information Technology and business are becoming inextricably interwoven. I don’t think anybody can talk meaningfully about one without the talking about the other.” The advent of the gig economy along...more

McDermott Will & Emery

More Bumps in the Road for Uber along the Trade Secret Highway

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The US Court of Appeals for the Federal Circuit affirmed a California district court decision denying a trade secret defendant’s motion to compel arbitration based on a prior employment agreement between the plaintiff and an...more

Seyfarth Shaw LLP

“Coercive” And “Disturbing” Arbitration Agreement Upheld Over Labor Commissioner’s Protest

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Seyfarth Synopsis: In OTO, LLC v. Kho, the California Labor Commissioner challenged a car dealership’s mandatory arbitration agreement. The agreement required employment disputes to be arbitrated under normal civil litigation...more

Bradley Arant Boult Cummings LLP

Wave Goodbye to Waivers? 6th Circuit Joins March to Prohibit Class Action Waivers in Arbitration Agreements

Joining two other circuit courts, the 6th Circuit concluded that employers cannot take advantage of class action and collective action waivers as part of employment arbitration agreements....more

Carlton Fields

Ninth Circuit Reaffirms Iskanian Rule, Rejects Waiver Of Representative Action Under PAGA

Carlton Fields on

Defendants appealed an order from a California federal district court that denied their motion to compel individual arbitration of a former employee’s representative claim under California’s Private Attorney General Act...more

Littler

California Court of Appeal Rules Arbitration Agreement In Employee Handbook Is Not Enforceable

Littler on

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

FordHarrison

Who Decides Whether Arbitration Will Include Class Claims? California High Court Says Ambiguous Agreements May Be Decided in Favor...

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In a decision that will likely be seen as a win for employees, a sharply divided California Supreme Court ruled that the question of whether a court or an arbitrator decides if an arbitration agreement permits class claims...more

Seyfarth Shaw LLP

Absent Express Contract, Arbitrator, Not Court, Rules On Class Arbitrability

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Seyfarth Synopsis: The California Supreme Court, in Sandquist v. Lebo Automotive, deviated from rulings of most federal circuit courts to hold that the question of “who decides” whether class arbitration is available—courts...more

Ballard Spahr LLP

Circuit Courts Weigh Employee Arbitration Waiver Agreements with Divergent Results

Ballard Spahr LLP on

Conflicting decisions issued within one week of each other from the U.S. Courts of Appeals for the Seventh and Eighth Circuits exemplify the ongoing debate in circuit courts across the country about the enforceability of...more

Carlton Fields

Circuit Split Develops Over The Enforceability Of Class Waivers In Employment Agreements

Carlton Fields on

Affirming a district court’s denial of a motion to compel arbitration, the United States Court of Appeals for the Seventh Circuit has held unenforceable a provision of an employment agreement mandating that wage-and-hour...more

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