On February 15, 2023, the Ninth Circuit Court of Appeals blocked a 2020 California law that attempted to prohibit employers from requiring employees and job applicants to agree to arbitration as a condition of employment. The...more
2/17/2023
/ Arbitration ,
Arbitration Agreements ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Federal Arbitration Act ,
Governor Newsom ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
Preemption ,
State Labor Laws ,
Unenforceable Contract Terms
The panel of the Ninth Circuit Court of Appeals that largely upheld California’s law banning mandatory arbitration agreements in the employment context just withdrew its decision. On August 22, 2022, two of the three...more
8/29/2022
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Mandatory Arbitration ,
Mandatory Arbitration Clauses ,
Preliminary Injunctions ,
Private Attorneys General Act (PAGA) ,
State Labor Laws
In a split 2-1 decision that likely raises more questions than it answers, the Ninth Circuit Court of Appeals cast some doubt upon the ability of employers to implement mandatory arbitration agreements with their employees....more
9/17/2021
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Contract Terms ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Governor Newsom ,
Mandatory Arbitration Clauses ,
Split of Authority ,
State Labor Laws
In a matter of first impression before the Seventh Circuit Court of Appeals involving an issue left open by the Supreme Court of the United States, a Seventh Circuit panel issued an opinion on a key threshold question of...more
10/29/2018
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act
Two districts of the California Court of Appeal recently issued significant decisions on arbitration agreements. In a published case, the Fourth Appellate District of the California Court of Appeal held that if the...more
11/25/2014
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Iskanian ,
Private Attorneys General Act (PAGA) ,
Restaurant Industry ,
Trucking Industry ,
Unpaid Overtime ,
Wage and Hour