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Arbitration Agreements Trucking Industry

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

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Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Payne & Fears

Key California Employment Law Cases: January 2021

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International Brotherhood. of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration No. 18-73488, 2021 WL 139728 (9th Cir. Jan. 15, 2021) - Summary:  Federal law preempts California’s meal and rest break...more

Epstein Becker & Green

#WorkforceWednesday: Component 2 Pay Data Shutdown, CDC Coronavirus Guidance, and California Employers Fight Back - Employment Law...

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It’s #WorkforceWednesday, featuring Employment Law This Week®, blog posts, client alerts, and other helpful resources from Epstein Becker Green’s Employment, Labor & Workforce Management practice. Get the information you need...more

Fisher Phillips

Web Exclusive: January 2020: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Epiq

Supreme Court Limits Individual Arbitration Agreement Enforcement

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When an employee signs an individual arbitration agreement, they agree to go through arbitration as opposed to filing a lawsuit if a legal issue arises in the workplace. As one can imagine, these agreements are regularly the...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Federal Arbitration Act Does Not Apply to Independent Contractor Drivers

In a series of decisions over recent years, the U.S. Supreme Court has repeatedly upheld the use of mandatory arbitration agreements in employment disputes over the objections of employees who claimed various legal reasons...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court of the United States Upholds Bar to Arbitration for Interstate Driver

On January 15, 2019, the Supreme Court of the United States held that the Federal Arbitration Act (FAA) did not apply to wage claims brought by an interstate truck driver, even though the plaintiff was classified as an...more

Benesch

InterConnect FLASH! No. 71 - Independent Contractor/Owner-Operators: Exempt From Arbitration for Dispute Resolution

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On January 15, 2019, in a very disappointing decision for the trucking industry regarding the application of arbitration provisions in motor carrier-independent contractor service agreements, the U.S. Supreme Court...more

Fisher Phillips

California Employers To Face Raft Of New #MeToo Laws

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Wrapping up a whirlwind weekend, California Governor Jerry Brown just signed several pieces of legislation that will create new employer obligations in the areas of sexual harassment and gender discrimination. Specifically,...more

Carlton Fields

First Circuit Finds FAA Applicability A Question For Court And Holds FAA Exemption Applicable To Independent-Contractor...

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The case presented two issues to the court: 1) whether a court must determine the applicability of the FAA to the case when asked to compel arbitration, where parties delegated questions of arbitrability to the arbitrator;...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Applies FAA Transportation Worker Exception to Independent Contractors

The First Circuit Court of Appeals, in a case of first impression, recently issued an important ruling that will have a major impact on transportation companies using arbitration agreements in the states and territories...more

Troutman Pepper

January 2017 Independent Contractor Misclassification and Compliance News Update

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January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

BakerHostetler

The Widening California Divide: The Rejection of Iskanian by Federal District Courts and Potential Resolution

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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

McNees Wallace & Nurick LLC

Auto Notes - December 2014

In This Issue: - Retail Vehicle Installment Sale Contracts Now Regulated under PA Consumer Credit Code’s Motor Vehicle Sales Finance Provisions - Arbitration Clauses Referencing American Arbitration...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Who Decides the Issue of Class Arbitration?

Two districts of the California Court of Appeal recently issued significant decisions on arbitration agreements. In a published case, the Fourth Appellate District of the California Court of Appeal held that if the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court Implements Iskanian, Finds Agreement Waiving Representative Claims Under PAGA Unenforceable

Ybarra v. Apartment Investment and Management Company, No. B245901 (October 7, 2014): A California Court of Appeal recently affirmed a trial court decision finding that a class action waiver provision in an employee’s...more

Orrick - Employment Law and Litigation

Including PAGA Representative Action Waivers in Arbitration Agreements Post-Iskanian

After the California Supreme Court’s recent decision in Iskanian v. CLS Transportation, which held that PAGA representative action waivers are unenforceable under California law, employers have struggled with whether to...more

Proskauer - California Employment Law

PAGA Claims and Arbitration – A Federal Court Parts Ways With Iskanian

The California Supreme Court’s decision in Iskanian v. CLS Transp. Los Angeles, LLC, held that class action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA) except as to claims that...more

Sheppard Mullin Richter & Hampton LLP

The Pros and Cons of Employment Arbitration Agreements

In recent years, the area governing employment arbitration agreements has evolved rapidly. That evolution accelerated in June, when the California Supreme Court issued a watershed decision in Iskanian v. CLS Transportation,...more

Cooley LLP

California Supreme Court Upholds Use of Class Action Waivers in Employment Arbitration Agreements, But PAGA Claims May Not Be...

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In a prior Alert dated June 11, 2012, we reported on a California appellate court decision in Iskanian v. CLS Transportation Los Angeles, LLC ("Iskanian"), which upheld the use of class and representative action waivers in...more

Fenwick & West LLP

California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims

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Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in Iskanian v. CLS Transportation Los Angeles, LLC that class action waivers in employment arbitration...more

Carlton Fields

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

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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

Littler

Class Action Waivers Good in California, PAGA Waivers Perhaps

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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

Miller & Martin PLLC

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

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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

Manatt, Phelps & Phillips, LLP

Employment Law - June 2014 #3

Employers Win, Lose in Latest California Supreme Court Opinion on Arbitration - Why it matters: The California Supreme Court continued its complicated relationship with employment agreements and arbitration on June 23...more

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