Scott Jang on Arbitration Agreements

Ninth Circuit Defers Decision on Petition for Rehearing Regarding AB 51

Last year, a divided Ninth Circuit panel found that the Federal Arbitration Act (FAA) did not completely preempt Assembly Bill (AB) 51, California’s ban on mandatory arbitration agreements. The U.S. Chamber of Commerce then...more

2/18/2022 / Arbitration Agreements , En Banc Review , Federal Arbitration Act , Mandatory Arbitration Clauses , Petition For Rehearing , Pre-Dispute Arbitration , Private Attorneys General Act (PAGA) , SCOTUS , Sexual Assault

Congress Passes Federal Law Restricting Arbitration Agreements for Sexual Assault, Harassment Claims

A new law making predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims invalid and unenforceable has passed in Congress and is headed to President Joe Biden’s desk....more

2/11/2022 / Arbitration Agreements , Employer Liability Issues , Employment Contract , Federal Arbitration Act , Sexual Harassment

House Passes Bill Limiting Predispute Arbitration Agreements Covering Sexual Assault and Sexual Harassment

Passed by the U.S. House of Representatives on February 7, 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445) would amend the Federal Arbitration Act (FAA) to make predispute...more

2/10/2022 / Arbitration Agreements , Federal Arbitration Act , Pre-Dispute Arbitration , Sexual Assault , Sexual Harassment

U.S. Supreme Court to Review California Representative Action Waivers in Arbitration Agreements

The U.S. Supreme Court has agreed to consider whether the Federal Arbitration Act (FAA) requires enforcement of a bilateral arbitration agreement mandating that claims be brought on an individual basis and that employees may...more

12/20/2021 / Arbitration Agreements , Bilateral Agreements , Class Action , Epic Systems Corp v Lewis , Federal Arbitration Act , Private Attorneys General Act (PAGA) , SCOTUS

Ninth Circuit Rejects Ex-Tinder Employee’s Attempt to Avoid Arbitration

The Ninth Circuit Court of Appeals has ruled that an ex-Tinder employee must arbitrate her claims against her former employer and cannot pursue her claims in court, even though her claims arose before she executed an...more

11/3/2021 / Arbitration , Arbitration Agreements , Corporate Counsel , Employer Liability Issues , Retaliation , Sexual Harassment , Tinder

U.S. Chamber of Commerce Seeks En Banc Review of Decision on FAA Preemption and California’s AB 51

As suggested by its previous motion, the U.S. Chamber of Commerce has filed a petition for rehearing en banc after a divided panel of the U.S. Court of Appeals for the Ninth Circuit found the Federal Arbitration Act (FAA) did...more

10/21/2021 / Arbitration Agreements , California , Employment Litigation , Employment Policies , En Banc Review , Federal Arbitration Act , Mandatory Arbitration , U.S. Commerce Department

Challengers To California’s Ban On Mandatory Arbitration Contracts Hint Rehearing Petition Coming

Following the decision of a divided panel of the U.S. Court of Appeals for the Ninth Circuit, in Chamber of Commerce of the U.S., et al. v. Bonta, et al., to reverse, in part, a district court’s order and vacate the district...more

9/24/2021 / Arbitration , Arbitration Agreements , California , Federal Arbitration Act , Preliminary Injunctions

Federal Arbitration Act Partial Bar On California’s Ban On Mandatory Arbitration Contracts, Court Holds

The Federal Arbitration Act (FAA) only partially preempts California’s bar on mandatory arbitration agreements in employment, the U.S. Court of Appeals for the Ninth Circuit has held, vacating the preliminary injunction that...more

9/17/2021 / Arbitration Agreements , Chamber of Commerce , Employer Liability Issues , Federal Arbitration Act , FEHA

Ninth Circuit Upholds Arbitration For Non-Signatory Defendant

California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion...more

6/8/2021 / Arbitration , Arbitration Agreements , California , Collective Actions , Contract Terms , Motion to Compel , Non-Signatories , Staffing Agencies

Private Attorneys General Act Round-Up For 2020

2020 presented a myriad of challenges for California employers, including the constant march of California court opinions regarding the Private Attorneys General Act (PAGA) claims. The California courts focused on two...more

1/6/2021 / Appellate Courts , Arbitration Agreements , CA Supreme Court , Labor & Workforce Development Agency (LWDA) , Private Attorneys General Act (PAGA) , Wage and Hour

No Initials, No Problem: California Court Of Appeal Holds Failure to Initial Not Enough To Prevent Arbitration

“What if neither party to an arbitration agreement places initials next to a jury waiver contained in the agreement, even though the drafter included lines for their initials?” asked the California Court of Appeal in Martinez...more

7/14/2020 / Appellate Courts , Arbitration , Arbitration Agreements , Employment Policies , Motion to Compel

Update On Arbitration Agreements In California: U.S. Supreme Court Denies Certiorari In OTO, LLC v. Kho

On June 8, 2020, the U.S. Supreme Court denied the employer’s petition for certiorari in OTO, LLC v. Kho. As background, in 2019, the California Supreme Court ruled in OTO that the arbitration agreement at issue was not...more

6/12/2020 / Arbitration Agreements , Berman Hearings , CA Supreme Court , Certiorari , Employment Contract , Labor Code , SCOTUS , State Labor Laws , Unconscionable Contracts , Unenforceable Contract Terms

The State Of California Submits Opening Brief In Appeal Over AB 51 Injunction, Arguing FAA Preemption Does Not Apply

On January 31, 2020, a U.S. District Court preliminarily enjoined the enforcement of Assembly Bill 51 (AB 51) against arbitration agreements governed by the Federal Arbitration Act (FAA). As enacted, AB 51 would prohibit...more

5/22/2020 / Arbitration Agreements , California , Chamber of Commerce , Federal Arbitration Act , Policies and Procedures

California Appeals Preliminary Injunction Against State Ban On Employment Arbitration Agreements

The State of California has filed a notice of appeal of the district court’s decision granting a preliminary injunction enjoining the State from enforcing Assembly Bill 51 (AB 51) against employment arbitration agreements...more

2/21/2020 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Preliminary Injunctions

Court Issues Written Order Preliminarily Enjoining Enforcement Of California’s AB 51, Hints At Future Success

On January 31, 2020, the district court in Chamber of Commerce of the United States, et al. v. Becerra, et al., E.D. Cal. Case No. 2:19-cv-2456, granted the request for a preliminary injunction enjoining the State of...more

2/11/2020 / Arbitration , Arbitration Agreements , Federal Arbitration Act

U.S. Supreme Court Asked To Review California’s Perceived Hostility To Arbitration Agreements

Not surprisingly, OTO, LLC, the employer in OTO, L.L.C. v. Kho, 8 Cal. 5th 111 (2019), on January 13, 2020, petitioned the U.S. Supreme Court to review a 2019 California Supreme Court decision not to enforce an arbitration...more

2/7/2020 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Mandatory Arbitration Clauses , Petition for Review , Preemption

Court Grants Preliminary Injunction On Enforcement Of California Ban On Employment Arbitration Agreements

The U.S. District Court for the Eastern District of California has granted a request for a preliminary injunction to prohibit the State of California from enforcing Assembly Bill 51 (AB 51) as to arbitration agreements...more

2/4/2020 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Preliminary Injunctions , State Labor Laws

Court Grants Preliminary Injunction Against Enforcement Of California’s Assembly Bill 51

The district court in Chamber of Commerce of the United States, et al. v. Becerra, et al., E.D. Cal. Case No. 2:19-cv-2456, granted the request for a preliminary injunction enjoining the State of California from enforcing...more

2/3/2020 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Preliminary Injunctions

Court Hears Challenges To California Bar On Mandatory Arbitration Agreements In Employment

The U.S. District Court for the Eastern District of California heard oral argument on January 10, 2020, on whether to enter a preliminary injunction preventing the State of California from enforcing AB 51 while the court...more

1/14/2020 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Mandatory Arbitration Clauses

Court Hears Oral Argument On Challenges to AB 51, Orders Further Briefing, And Maintains Temporary Restraining Order

On January 10, 2020, the U.S. District Court for the Eastern District of California heard oral arguments on whether the court should enter a preliminary injunction preventing the State of California (State) from enforcing AB...more

1/13/2020 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Mandatory Arbitration Clauses , State Labor Laws

California Bar On Mandatory Arbitration Agreements In Employment Temporarily Enjoined

The State of California has been temporarily enjoined from enforcing its prohibition on mandatory employment arbitration agreements under Assembly Bill 51. Chamber of Commerce of the United States, et al. v. Becerra, et al.,...more

12/31/2019 / Arbitration , Arbitration Agreements , Federal Arbitration Act

California Bar On Mandatory Arbitration Agreements In Employment Challenged, Injunction Sought

The U.S. Chamber of Commerce and other business organizations have filed suit in federal court against the State of California to have AB 51 declared preempted by the Federal Arbitration Act (FAA). Chamber of Commerce of the...more

12/13/2019 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Mandatory Arbitration Clauses

U.S. Chamber Of Commerce Files Suit To Halt AB 51

California employers are not alone as they wrestle with AB 51’s January 1, 2020 new law on mandatory arbitration agreements. (For background on AB 51 see our article). On December 6, 2019, the U.S. Chamber of Commerce and...more

12/11/2019 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Mandatory Arbitration Clauses

New California Law Attacks Mandatory Arbitration Again … But Is It More Bark Than Bite?

California has joined a number of states in passing legislation purporting to prohibit mandatory arbitration agreements for sexual harassment and other claims. Such laws have gained popularity in the wake of the #MeToo...more

10/16/2019 / Arbitration , Arbitration Agreements , Federal Arbitration Act , FEHA , Mandatory Arbitration Clauses , Sexual Harassment

Scott Jang

Jackson Lewis P.C.

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