California Employment News: The State of Mandatory Arbitration Agreements in California Employment
Podcast: California Employment News - The State of Mandatory Arbitration Agreements in California Employment
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Arbitration Clauses in Employee Contracts and Beyond
The Manitoba Court of King’s Bench recently rejected a motion by a large online meal delivery service to stay a class proceeding in favour of arbitration in accordance with the terms of a new agreement with its couriers. The...more
Robinson v. Southern Counties Oil Co, 53 Cal. App. 5th 476 (2020) - Summary: Res judicata bars a PAGA claim when the employer has already settled a separate PAGA claim covering the same claims and time period. An...more
In Edwards v. DoorDash, Inc., No. 17-20082 (5th Cir. Apr. 25, 2018), the Fifth Circuit Court of Appeals reaffirmed its position that arbitrability of claims, including whether class or collective claims must be arbitrated...more
Synopsis: Supreme Court has agreed to decide the fate of class waiver provisions in mandatory arbitration agreements, which may spark a new trend in ERISA benefits litigation. On January 13, 2017, the United States...more
Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more
The Consumer Financial Protection Bureau (CFPB) is considering proposing rules that would prohibit consumer financial services companies from using class action waivers in consumer arbitration clauses, the CFPB announced...more
From the California Legislature: New Employment Laws, Bills Set for Signature: Why it matters - The California Legislature has been busy with employment-related bills, passing measures to provide additional...more
The U.S. Supreme Court is poised to decide next Term, in Tyson Foods, Inc. v. Bouaphakeo, whether a class can be certified when many class members lack injury (see my June 16 post for more on that). The Ohio Supreme Court...more
A handful of Uber drivers sued the ride-share giant in 2013 alleging that they were functioning as company employees but improperly treated and underpaid as independent contractors. They claimed that Uber had been...more
Following is an interesting and recent federal court ruling related to arbitration. Litigation Activity Results in Waiver of Right to Arbitrate - Healy v. Cox Communications - United States Court of Appeals, Tenth...more
California - Browsewrap Arbitration Agreement Not Enforced Against Individual Consumer. In Nguyen v. Barnes & Noble Inc., 2014 WL 4056549 (9th Cir. Aug. 18, 2014), the Ninth Circuit affirmed the denial of B&N’s motion...more