The Private Attorneys General Act (PAGA) contains two industry-specific provisions (Cal. Lab. Code §§ 2699.6 & 2699.8) allowing labor organizations in the construction and janitorial industries to waive the right to bring...more
On June 15, 2022, the U.S. Supreme Court issued its much-anticipated decision in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573. At issue was a rule announced by the California Supreme Court in Iskanian v. CLS...more
In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual...more
In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual...more
In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual...more
In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court is poised to decide later this term whether the Federal Arbitration Act (FAA) preempts a California rule, established in Iskanian v. CLS...more
Key Points The EFASASHA will invalidate most contractual provisions requiring the arbitration of claims alleging sexual assault or sexual harassment. The law will also invalidate pre-dispute joint-action waivers that relate...more
In Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014), the California Supreme Court held that an arbitration agreement purporting to waive the right to bring a representative action under the Private...more
In the landmark case of Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014), the California Supreme Court held that an arbitration agreement purporting to waive the right to bring a representative action...more
• Numerous new California laws going into effect on January 1, 2020, will impact employers and employees.
• The most significant laws include a new employee classification law, extension of the statute of limitations for...more
12/17/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
California Consumer Privacy Act (CCPA) ,
Data Collection ,
Data Privacy ,
DFEH ,
Employee Benefits ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Entertainment Industry ,
Exemptions ,
FEHA ,
Flexible Spending Accounts ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Lactation Accommodation ,
Mandatory Arbitration ,
Minimum Wage ,
Minors ,
Misclassification ,
New Legislation ,
No-Rehire Provisions ,
OSHA ,
Restraining Orders ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Unpaid Wages ,
Wage and Hour ,
Workplace Injury
• Class and collective action waivers in arbitration agreements are enforceable under the FAA and not prohibited by the NLRA.
• The NLRA concerns labor organizing and collective bargaining, but does not extend more...more
5/24/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
If you read one thing...
- With 9th Circuit ruling, California federal courts no longer a potential channel for employers to enforce representative action waivers for PAGA claims...more
10/2/2015
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Labor Code ,
Misclassification ,
Private Attorneys General Act (PAGA) ,
SCOTUS
Yesterday, the California Supreme Court, in Iskanian v. CLS Transportation Los Angeles, LLC (Case No. S204032), upheld a class action waiver in an arbitration agreement between an employee and his employer. The Supreme Court...more
Today, the Ninth Circuit, in Chavarria v. Ralphs Grocery Company (Case No. 11-56673), issued a decision affirming the denial of Ralphs Grocery Company’s motion to compel arbitration in an action by an employee asserting...more
On June 20, 2013, the Supreme Court ruled for American Express in a closely watched class action case. In American Express v. Italian Colors Restaurant (No. 12-133), the Court ruled on a 5-3 vote (with Justice Sotomayor...more