In Pinter-Brown v. Regents of the University of California, the California Court of Appeal’s Second Appellate District recently reversed a blockbuster $13 million judgment that was entered against UCLA in favor of one of its...more
5/14/2020
/ Arbitration ,
Civil Rights Act ,
Constructive Discharge ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Jury Awards ,
Jury Verdicts ,
Punitive Damages ,
Title VII
On January 31, 2020, Chief United States District Judge Kimberly J. Mueller enjoined California from enforcing AB 51. This new legislation prohibits employers from requiring their employees to sign arbitration agreements....more
As we reported previously, Assembly Bill 51, which would impose criminal penalties upon employers seeking to have their employees sign arbitration agreements, has been challenged in federal court...more
As expected, California’s effort to ban employers from requiring employees and applicants to sign an arbitration agreement has been challenged in federal court. The lawsuit was filed by a business coalition that includes the...more
12/12/2019
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
New Legislation ,
Preemption ,
State Labor Laws
California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes -
OTO, LLC v. Kho, 2019 WL 4065524 (Cal. S. Ct. 2019) -
In the most recent chapter of the ongoing saga regarding the enforceability of...more
9/18/2019
/ Amended Complaints ,
Americans with Disabilities Act (ADA) ,
Anti-SLAPP ,
Arbitration ,
Arbitration Agreements ,
Bill Cosby ,
CA Supreme Court ,
CAFA ,
Cal Code of Civil Procedure ,
Defamation ,
Federal Arbitration Act ,
Free Speech ,
National Origin Discrimination ,
Obesity ,
Race Discrimination ,
Rest and Meal Break ,
Retaliation ,
Unconscionable Contracts ,
Unpaid Wages ,
Vicarious Liability ,
Wage and Hour
After Jerry Brown’s second set of 8 years in office (1975-83 and 2011-19), employers now look to Governor-Elect Gavin Newsom for what’s in store for them in the Golden State. (Although Jerry Brown wasn’t a particularly good...more
On May 21, 2018, the Supreme Court of the United States ruled in Epic Systems Corp. v. Lewis that employers can require employees to arbitrate disputes with the employer individually and waive their right to pursue or...more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
We recently blogged about Governor Brown signing S.B. 1241, which is now codified as Section 925 of the California Labor Code. The law, which affects venue and choice of law provisions in agreements entered into as a...more
10/28/2016
/ Arbitration ,
Arbitration Agreements ,
Attorney's Fees ,
Choice-of-Law ,
Contract Terms ,
Employment Contract ,
Federal Arbitration Act ,
Foreign Jurisdictions ,
Forum Selection ,
New Legislation ,
Preemption ,
Venue
We recently blogged about Governor Brown signing S.B. 1241, which is now codified as Section 925 of the California Labor Code. The law, which affects venue and choice of law provisions in agreements entered into as a...more
10/26/2016
/ Arbitration ,
Arbitration Agreements ,
Attorney's Fees ,
Choice-of-Law ,
Contract Terms ,
Employment Contract ,
Federal Arbitration Act ,
Foreign Jurisdictions ,
Forum Selection ,
New Legislation ,
Venue
In recent years, some employers doing business in the Golden State have required their employees to sign arbitration and employment agreements that require the employee to sue or arbitrate in – or under the law of – another...more
Ninth Circuit Strikes Down Employer's Class Action Waiver -
Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016) -
As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign...more
9/12/2016
/ Amusement Parks ,
Arbitration ,
Attorney's Fees ,
Civil Rights Act ,
Class Action ,
Class Action Arbitration Waivers ,
DFEH ,
Equal Employment Opportunity Commission (EEOC) ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
Native American Issues ,
NLRA ,
Over-Time ,
Prompt Payment ,
Race Discrimination ,
Removal ,
Retirement Plan ,
Sovereign Immunity ,
Title VII ,
Wage and Hour
The Chamber of Commerce has just released its preliminary list of “job killer” bills that have been proposed in the California Legislature. Don’t forget that California remains tied with Louisiana for the fourth highest rate...more
Yesterday, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transp. Los Angeles, LLC, upholding class action waivers in employment arbitration agreements. This means that the U.S. Supreme...more
6/25/2014
/ Arbitration ,
AT&T Mobility v Concepcion ,
Class Action ,
Class Action Arbitration Waivers ,
CLS Transportation ,
Employer Liability Issues ,
Federal Arbitration Act ,
Iskanian ,
Mandatory Arbitration Clauses ,
Private Attorneys General Act (PAGA) ,
Trucking Industry