News & Analysis as of

Arbitration Agreements Cal Code of Civil Procedure

Manatt, Phelps & Phillips, LLP

FAA Preempts California Law On Arbitration Fees

The FAA preempts California’s Code of Civil Procedure section 1281.97, which requires employers to pay arbitration fees within 30 days of the due date or return the case to court, a state appellate panel has ruled....more

Payne & Fears

May 2024 Case Summaries

Payne & Fears on

Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence...more

Jackson Lewis P.C.

What California’s Time Limits for Payment of Arbitration Fees Mean for Restaurant Employers

Jackson Lewis P.C. on

Arbitration agreement enforcement continues to take up California court space. Recently, a wave of cases highlights for restaurant and food service industry and other employers the importance of timely payment of arbitrator...more

Proskauer - California Employment Law

Employees Lose on PAGA Claims in Court Following Loss in Arbitration

Earlier this month, the California Court of Appeal (2d Dist.) ruled that issue preclusion bars a derivative Private Attorneys General Act (PAGA) claim where the plaintiff litigates individual Labor Code claims in arbitration...more

Constangy, Brooks, Smith & Prophete, LLP

Five must-watch areas for California employers in 2022

Here's what employers need to heed in 2022. No. 1: Settlement and separation agreements. Pay attention to any new settlement, employment, or severance agreements. We already know that settlement agreement provisions...more

Ervin Cohen & Jessup LLP

Senate Bill 762: Another Tall Hurdle for Employers Seeking Arbitration

Ervin Cohen & Jessup LLP on

Since the turn of the century, the judicial and legislative branches in California have added barrier after barrier to employers who have consciously sought arbitration; an oft-stated “preferred” method of resolution. The...more

Constangy, Brooks, Smith & Prophete, LLP

Arbitration Provision In Plan Provider Agreement May Be Enforceable, California Court Says

A California appeals court has ruled that an arbitration provision in a plan provider agreement was enforceable as “Step Two” of its dispute resolution process. In Epstein v. Vision Service Plan, optometrist Gordon Epstein...more

Proskauer - California Employment Law

California Employment Law Notes - September 2019

California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes - OTO, LLC v. Kho, 2019 WL 4065524 (Cal. S. Ct. 2019) - In the most recent chapter of the ongoing saga regarding the enforceability of...more

Payne & Fears

California Supreme Court Casts Doubt on Arbitration Agreements that Require Civil Litigation Procedures for Wage Claims

Payne & Fears on

On August 29, 2019, the California Supreme Court held in OTO, L.L.C. v. Kho, S244630, that a mandatory arbitration agreement may be unenforceable against employee wage claims if it requires the employee to forego the “Berman”...more

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

Payne & Fears on

Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

Farella Braun + Martel LLP

New California Employment Laws Will Require Significant Changes in 2019

California Governor Jerry Brown recently signed into law several bills that will have significant impact on employers’ workplace obligations. Effective January 1, 2019, the new laws will restrict nondisclosure agreements and...more

Fisher Phillips

California Employers To Face Raft Of New #MeToo Laws

Fisher Phillips on

Wrapping up a whirlwind weekend, California Governor Jerry Brown just signed several pieces of legislation that will create new employer obligations in the areas of sexual harassment and gender discrimination. Specifically,...more

Seyfarth Shaw LLP

Court OKs Arbitration Agreement Permitting Injunctive Relief

Seyfarth Shaw LLP on

Seyfarth Synopsis in a Second: A clause in an employment arbitration agreement that authorizes preliminary injunctive relief in court does not make the agreement unenforceable. As a general proposition, arbitration...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court: Arbitration Agreement Restating Existing Law Is Not Unconscionable

On March 28, 2016, the California Supreme Court handed down a long-awaited opinion in Baltazar v. Forever 21. Baltazar’s most important holding is that an arbitration agreement is not unconscionable merely because it restates...more

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