Nancy Yaffe

Fox Rothschild LLP

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Latest Posts › Federal Arbitration Act

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Fate of PAGA’s Inclusion In Class Action Waivers in SCOTUS’ Hands

I am not usually a policy wonk, and I often think in terms of concepts not cases. However, I must say that listening to the US Supreme Court’s oral argument on the pending Viking River Cruises case was fascinating. If you...more

4/15/2022 / CA Supreme Court , Class Action Arbitration Waivers , Employment Litigation , Federal Arbitration Act , Private Attorneys General Act (PAGA) , SCOTUS , Viking River Cruises Inc v Moriana

Will Employers Finally Get Some PAGA Relief in 2022?

The sharks are starting to circle around PAGA (Private Attorney General Ac), a law that many California employers find crazy-making for all the reasons outlined here. PAGA may finally be subject to challenge on two separate...more

12/27/2021 / CA Supreme Court , Class Action Arbitration Waivers , DLSE , Employer Liability Issues , Federal Arbitration Act , Private Attorneys General Act (PAGA) , Wage and Hour

Fate Of Mandatory Arbitration Agreements In California In Flux

A recent 9th Circuit ruling has cast doubt on employers’ ability to implement mandatory arbitration agreements for workers, and whether (and to what extent) there will be civil and criminal penalties for doing so. Until the...more

9/20/2021 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Policies , Federal Arbitration Act , Governor Newsom , Mandatory Arbitration , Wage and Hour

Mandatory Arbitration Again In Question In CA (AB 51 Resuscitated)

Think back pre-Covid, the end of 2019, a law was set to take effect in California that banned mandatory arbitration, and imposed criminal penalties on employers for mandating arbitration. This law (AB51) also prohibited the...more

9/16/2021 / Arbitration Agreements , Armendariz v Foundation Health , Employer Mandates , Federal Arbitration Act , Mandatory Arbitration , Opt-Outs

Court Grants Injunction To Stop AB 51 — Mandatory Arbitration Still OK In CA

Here is the latest in a series of blogs about AB 51, the California bill that threatened mandatory arbitration. Thankfully, the District Court granted the preliminary injunction in full (not just temporarily), and stopped AB...more

2/4/2020 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Mandatory Arbitration Clauses , Preliminary Injunctions

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