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Ongoing Battles Remind Employers to Carefully Consider Their Approach to Arbitration Agreements

Hop into the time machine with me so I can take a quick victory lap before I revert to being the ever-cautious counselor. Way back in October 2019, I not-so-subtly indicated my belief that a California statute banning...more

Supreme Court Hands Victory to California Employers Who Use Arbitration Agreements as a Shield Against “PAGA” Claims

Today, the United States Supreme Court issued its highly anticipated decision in Viking River Cruises v. Moriana, which decided whether the Federal Arbitration Act (FAA) preempts California’s rule invalidating arbitration...more

Whatever the Court Decides It Won’t End the Debate Over Class Action vs. Individual Arbitration

The interplay between arbitration agreements and employment-based class actions has been the subject of extensive and often conflicting legal opinions for the last half-decade. While many hoped the issue would gain clarity...more

Are Independent Contractor Classifications Becoming “Safer”? In a Word – No.

As we will describe in this and its companion article, if you are an employer viewing such classifications optimistically in light of some recent legal developments, you should do so fully aware of the attendant perils....more

Supreme Court Ends the Debate and Upholds Class Action Waivers

Welcome news for many employers rolled out of Washington, D.C. earlier this morning. The Supreme Court has ended a long-running debate over the enforceability of arbitration agreements with class action waivers in the...more

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