Scott Jang on Employment Litigation

Eighth Circuit Decides When a ‘Dispute’ Arises Under the Ending Forced Arbitration Act

When a “dispute” arises under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) depends on when the specific facts of the case show a “conflict or controversy” exists between the parties, the...more

8/8/2024 / Arbitration , Arbitration Agreements , Corporate Counsel , Duty to Preserve , Employment Contract , Employment Litigation , Evidence , Mandatory Arbitration Clauses , Sexual Assault , Sexual Harassment

California Overhauls Private Attorneys General Act

On July 1, 2024, California Governor Gavin Newsom signed two bills, Senate Bill 92 and Assembly Bill 2288, that amend the state’s Labor Code Private Attorneys General Act (PAGA), which deputizes private parties to enforce the...more

7/2/2024 / California , Employment Litigation , Good Faith , Governor Newsom , Labor & Workforce Development Agency (LWDA) , Labor Code , Labor Law Violations , Penalties , Private Attorneys General Act (PAGA) , State Labor Laws , Wage and Hour , Wage Statements

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

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 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

Pay the Piper – California Employers Pressed To Pay Arbitration Fees Or Risk Harsh Consequences

California employers may face harsh consequences for failing to pay arbitration fees on time under a bill (Senate Bill 707) signed by Governor Gavin Newsom on October 13, 2019. The new law go into effect on January 1, 2020....more

10/21/2019 / Arbitration , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Governor Newsom

California Supreme Court Clarifies Discovery Under PAGA

Emphasizing the broad right of discovery and the remedial nature of the California Private Attorneys General Act of 2004, the California Supreme Court has ruled that, in pretrial discovery, plaintiffs under PAGA has a right...more

7/19/2017 / CA Supreme Court , Discovery , Employee Privacy Rights , Employer Liability Issues , Employment Litigation , Private Attorneys General Act (PAGA)

Scott Jang

Jackson Lewis P.C.

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