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 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
In a decision that seems like to be reviewed by the California Supreme Court or rejected by other California Courts of Appeal, one of California’s appellate courts has issued a perplexing decision holding that even employees...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
Let me be the millionth person to say that we are living in unprecedented times.
Well, unless you count the Spanish Flu, which few of us probably dealt with as that was more than a century ago....more
5/16/2020
/ After-Hours Work ,
Commercial Bankruptcy ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Force Majeure Clause ,
Reimbursements ,
Telecommuting ,
Wage and Hour
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
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