Several developments have surfaced in the past few months regarding PAGA standing in the wake of the U.S. Supreme Court’s Viking River Cruises decision. Payne & Fears is hosting an interactive, in-person event that aims to...more
After more than three years of litigation, the Ninth Circuit has held that AB 51, California’s attempt to ban mandatory employment arbitration agreements, is unenforceable....more
This morning, in its decision in Chamber of Commerce v. Bonta, No. 20-15291, the Ninth Circuit Court of Appeals vacated a January 2020 preliminary injunction against enforcement of AB 51, a 2019 California law effectively...more
On January 31, 2020, Judge Kimberly Mueller issued a preliminary injunction "in full" preventing the State of California from enforcing AB 51, the state's new law effectively banning mandatory employee arbitration...more
2/5/2020
/ Arbitration Agreements ,
DFEH ,
Employment Contract ,
Federal Arbitration Act ,
Federal Labor Laws ,
Mandatory Arbitration Clauses ,
Preemption ,
Preliminary Injunctions ,
State Bans ,
State Labor Laws ,
TRO
On September 30, 2018, for the final time during his tenure as Governor, Governor Jerry Brown acted on a series of bills passed by the legislature that would have far-reaching consequences for employers. Though employers can...more
10/2/2018
/ #MeToo ,
Anti-Harassment Policies ,
Board of Directors ,
DFEH ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
FEHA ,
Filing Deadlines ,
Governor Brown ,
Governor Vetoes ,
Harassment ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Proposed Legislation ,
Settlement Agreements ,
Severance Agreements ,
Sex Discrimination ,
Sexual Harassment ,
State Bans ,
State Labor Laws ,
Void and Unenforceable ,
Woman Board Members
On August 22, 2018, the California Senate voted to approve AB 3080, a bill prompted by the #MeToo movement against sexual harassment. Nominally, the bill is intended to combat the use of mandatory arbitration agreements and...more
8/23/2018
/ #MeToo ,
Arbitration Agreements ,
Confidentiality Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Federal Arbitration Act ,
FEHA ,
Governor Brown ,
Harassment ,
Mandatory Arbitration Clauses ,
Personal Liability ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Retaliation ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Waiver of Rights