Employers seeking to move workplace claims from the courthouse to arbitration received some good news Friday from the U.S. Supreme Court. If a trial court denies a party’s request to compel arbitration, the court must pause...more
6/26/2023
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Coinbase ,
Coinbase Inc v Bielski ,
Consumer Protection Laws ,
Electronic Fund Transfer Act ,
Motion to Compel ,
SCOTUS ,
Unconscionable Contracts
Employers that face lawsuits from employees often seek to move such claims from the courthouse to arbitration. But what happens if the trial court refuses to compel arbitration and the employer appeals the decision? Should...more
5/15/2023
/ Appeals ,
Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Coinbase ,
Consumer Protection Laws ,
Electronic Fund Transfer Act ,
Motion to Compel ,
Oral Argument ,
SCOTUS ,
Unconscionable Contracts
The long-fought bag-check battle against Apple is coming to an end, and the employee class just won a major victory in California when a federal court of appeals ruled that the company must pay its workers for the time spent...more
In a unanimous decision late last week, the 9th Circuit Court of Appeals resuscitated class claims against retail giants Nike and Converse that allege employees are owed compensation for time spent undergoing security checks...more
By a 5-to-4 vote, the Supreme Court ruled yesterday that the Federal Arbitration Act does not allow a court to compel class arbitration when the agreement does not clearly provide for it. As a result, employers whose valid...more
4/25/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
Any avid watcher of medical dramas would tell you that a hospital always has the ability to cut ties with any doctor who is not up to snuff. (For podcast fans we highly recommend Dr. Death.) They would tell you this is...more
2/11/2019
/ Appeals ,
Best Practices ,
Business & Professions Code ,
Damages ,
Due Process ,
Employee Rights ,
Employer Liability Issues ,
Health Care Providers ,
Hiring & Firing ,
Hospitals ,
Lost Earnings ,
Medical Errors ,
Medical Malpractice ,
Notice Requirements ,
Patient Safety ,
Peer Review ,
Physicians ,
Professional Disciplinary Actions ,
Quality of Care Standards ,
Work Suspensions
On Friday, the 11th Circuit Court of Appeals declined to extend Title VII’s protections to sexual orientation discrimination, but reinforced that employees may allege sex discrimination claims when they face workplace...more
3/15/2017
/ Appeals ,
Corporate Counsel ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Split of Authority ,
Title VII