Following the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana (2022) U.S. 639 and the California Supreme Court’s decision in Adolph v. Uber Technologies, Inc. (2023) 14 Cal. 5th 1104, when...more
Here’s a question you likely have never considered: Are hackers overseas infiltrating employers’ computer systems just to sign arbitration agreements with class action waivers for random employees?...more
For more than a few years — at least since the United States Supreme Court’s seminal 2017 decision in Epic Systems v. Lewis — employers across the country have weighed whether to have their employees sign arbitration...more
The California Supreme Court has issued its highly anticipated decision in Adolph v. Uber Technologies, Inc., concluding that plaintiffs who must arbitrate their “individual” PAGA claims are not deprived of standing to pursue...more
The Ninth Circuit has issued its long-awaited ruling in Chamber of Commerce v. Bonta, perhaps putting a nail in the coffin of the controversial California law known as AB 51, which would have made it criminal conduct to...more
The U.S. Supreme Court’s June 15, 2022 decision in Viking River Cruises v. Moriana could have a tremendous impact upon pending and future litigation, as well as employment practices in the state....more
In a recent post addressing the U.S. Supreme Court oral argument in Viking River Cruises v. Moriana, we mentioned that employers in California will want to consider the “pros and cons” of arbitration agreements should an...more
Since the Supreme Court issued its seminal 2018 decision in Epic Systems Corp. v. Lewis, acknowledging that the Federal Arbitration Act (“FAA”) permits the use of arbitration agreements with class action waivers, many...more
Given the ever increasing number of wage-hour class and collective actions being filed against employers, it is no surprise that may employers have turned to arbitration agreements with class and collective action waivers as...more
As we wrote here recently, two federal courts in California rejected Postmates’ attempt to escape having to defend thousands of individual arbitrations filed by drivers contending they have been misclassified as independent...more
We have written here about the efforts of several gig economy companies like DoorDash to avoid having to conduct – and pay for – thousands of individual arbitrations alleging that their workers had been misclassified....more
4/22/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
DoorDash ,
Employer Liability Issues ,
Employment Contract ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Postmates
Be careful what you ask for.
We have used that expression frequently when writing about recent federal court orders requiring DoorDash and Postmates to conduct thousands of individual arbitrations in California pursuant to...more
Recently, we wrote here about a federal court order requiring DoorDash to conduct more than 5,000 individual arbitrations under the terms of its mandatory arbitration agreements, with each arbitration to address claims that...more
3/9/2020
/ Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
DoorDash ,
Employee Definition ,
Employer Liability Issues ,
Employment Contract ,
Filing Fees ,
Gig Economy ,
Independent Contractors ,
Mandatory Arbitration Clauses ,
Misclassification
It’s no secret that many employers have employees sign arbitration agreements with class and collective action waivers in the hopes of avoiding the massive wage-hour lawsuits that have become so prevalent in the past two...more
2/14/2020
/ American Arbitration Association ,
Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
DoorDash ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Epic Systems Corp v Lewis ,
Fees ,
Motion to Compel
As we wrote here, United States District Court Judge Kimberly J. Mueller of the Eastern District of California wrote a brief “minute order” explaining that she was issuing a preliminary injunction to halt enforcement of...more
2/11/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Corporate Counsel ,
Employment Contract ,
Federal Arbitration Act ,
Federal Labor Laws ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
Motion To Enjoin ,
Preliminary Injunctions ,
State and Local Government ,
State Labor Laws
The California Legislature’s attempt to circumvent both the Federal Arbitration Act (“FAA”) and the Supreme Court’s landmark decision in Epic Systems by crafting a new law prohibiting California employers from requiring...more
2/4/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Contract ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Motion To Enjoin ,
Preemption ,
Preliminary Injunctions ,
TRO
As we recently wrote here, on December 29, 2019, just days before California’s new arbitration statute known as AB 51 was to go into effect, a federal judge in the United States District Court of the Eastern District of...more
1/16/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Regulations ,
Motion To Enjoin ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Restraining Orders ,
State and Local Government ,
State Labor Laws ,
TRO
We recently wrote about a new California law set to go into effect on January 1, 2020 that would outlaw mandatory arbitration agreements with employees....more
12/31/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Disputes ,
Labor Regulations ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Restraining Orders ,
State and Local Government ,
State Labor Laws ,
TRO
As employers with operations in California had feared, Governor Gavin Newsom has signed AB 51, which effectively outlaws mandatory arbitration agreements with employees – a new version of a bill that prior Governor Jerry...more
10/14/2019
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Regulations ,
New Legislation ,
Preemption ,
State and Local Government ,
State Labor Laws
As employers with operations in California had feared, Governor Gavin Newsom has signed AB 51, which effectively outlaws mandatory arbitration agreements with employees—a new version of a bill that prior Governor Jerry Brown...more
10/14/2019
/ Arbitration ,
Arbitration Agreements ,
Corporate Counsel ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Federal Arbitration Act ,
Governor Newsom ,
Mandatory Arbitration Clauses ,
New Legislation ,
Preemption ,
Self-Regulatory Organizations
A year ago, employers across the country prepared for the implementation of a new overtime rule that would dramatically increase the salary threshold for white-collar exemptions, on the understanding that the new rule would...more
9/29/2017
/ Arbitration ,
Barack Obama ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Murphy Oil v NLRB ,
Popular ,
Tip Credit ,
Tip-Pooling ,
Trump Administration ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions