Who Pays for Mediation?
Since its enactment, California courts have universally established the California Code of Civil Procedure section 1281.97 et seq., which governs the timely payment of fees in arbitration, allows no room for error....more
Since its enactment in 2020, employers have been forced to be mindful of the burdensome imposition of Code of Civil Procedure section 1281.97 et seq., which requires an employer to pay the full amount of arbitration fees...more
Providing an expensive lesson, a California appellate court held that an employer’s failure to timely pay an arbitration fee resulted in a waiver of the employer’s right to require arbitration....more
In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this second day of the holidays, my labor and employment...more
Be careful what you ask for. We have used that expression frequently when writing about recent federal court orders requiring DoorDash and Postmates to conduct thousands of individual arbitrations in California pursuant to...more
It’s no secret that many employers have employees sign arbitration agreements with class and collective action waivers in the hopes of avoiding the massive wage-hour lawsuits that have become so prevalent in the past two...more
As 2019 draws to a close, employers in California have a busy new year ahead of them with expanded legal obligations, including significant new legislation regarding independent contractor status and mandatory arbitration...more
When it comes to paying your arbitration fees in whole and on time, the stakes for California employers just got more serious. Under legislation just signed by Governor Newsom, a drafting party that fails to pay arbitration...more
The Eleventh Circuit reversed a lower court’s entry of a default judgment against Acosta Tractors, Inc., that was based solely on Acosta’s default in the underlying arbitration. ...more