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PAGA plaintiffs still have standing to pursue “representative” claims in court, even after individual claims are sent to...

One month after the U.S. Supreme Court rejected California’s ban on enforcing agreements that require the individual arbitration of claims under the Private Attorneys General Act of 2004, the California Supreme Court granted...more

Viking River Cruises sails through SCOTUS oral argument

Supreme Court considers arbitration waivers of PAGA claims. In 2014, the California Supreme Court declared unenforceable arbitration agreements in which employees waive the right to bring a representative action under...more

Employers Can Start An Arbitration Program After Being Sued . . .

. . . if they do it right. (Part 3 of a four-part series.) The National Labor Relations Board recently ruled that an employer may impose a mandatory arbitration program with a class or collective relief waiver after a...more

Mandatory Arbitration Agreements May No Longer Be Enforceable

AB 51 bans mandatory employment arbitration agreements. (Part 2 of a four-part series.) AB 51, which was signed into law by Gov. Gavin Newsom (D) on October 10, adds a new Section 432.6(a) to the California Labor Code,...more

Employers OTO Get Ready.

Review your arbitration programs now, and consider making changes by year-end. (Part 1 of a two-part series.) - In August, the California Supreme Court held that an employer's litigation-like arbitration process was...more

CA Supreme Court "OTO" Learn By Now

This arbitration decision may result in a "whack." For more than 30 years, the California Supreme Court has been playing a game of arbitration "Whack-A-Mole" with the U.S. Supreme Court....more

SCOTUS Arbitration Decision: Everything Old Is New Again

The Court has delivered employers their first loss in an arbitration case in decades. This week, the U.S. Supreme Court held 8-0 in New Prime, Inc. v. Oliveira that the Federal Arbitration Act does not cover certain...more

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