News & Analysis as of

Arbitration AT&T Mobility v Concepcion Private Attorneys General Act (PAGA)

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Orrick - Employment Law and Litigation

California: Making Arbitration Great Again

California’s resistance to the longstanding federal policy favoring arbitration frequently results in public expressions of frustration by the justices of the U.S. Supreme Court. In over five years since the Supreme Court’s...more

Fenwick & West LLP

Fenwick Employment Brief

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Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

BakerHostetler

PAGA In The News – Ninth Circuit Sides with California Supreme Court On Enforcement of PAGA Waivers and California Amends The...

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The Ninth Circuit Decision - Delivering a perhaps unexpected blow to employers, the Ninth Circuit sided with the California Supreme Court earlier this week in upholding the state-court-fashioned Iskanian rule, which...more

Carlton Fields

California Employment Law and Arbitration: The Battle Intensifies

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Tuesday, by a two-to-one vote, the Ninth Circuit joined the California Supreme Court in holding that Private Attorneys General Act (PAGA) claims are an exception to the Federal Arbitration Act. In Sakkab v. Luxottica Retail...more

Carlton Fields

California Employment Law and Arbitration: The Battle Intensifies

Carlton Fields on

Yesterday, by a two-to-one vote, the Ninth Circuit joined the California Supreme Court in holding that Private Attorneys General Act (PAGA) claims are an exception to the Federal Arbitration Act. In Sakkab v. Luxottica Retail...more

Carlton Fields

Representative Action Under California’s Private Attorneys General Act Not Waived Through Employment Agreement’s Arbitration...

Carlton Fields on

The Central District of California held that a waiver of representative actions in an employment agreement’s arbitration provision did not preclude a former employee from pursuing in court a claim under California’s Private...more

McManis Faulkner

The Changing Face of Employment Arbitration Agreements in California

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Arbitration. A simple word, but one that, in the context of employment agreements, was typically a “dirty” word in the eyes of California courts. Indeed, for many years, state courts could be seen as openly hostile to...more

Ballard Spahr LLP

U.S. Supreme Court Denies Challenge to California Decision that PAGA Claims Cannot be Waived in Arbitration Agreements

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The U.S. Supreme Court recently denied a petition for certiorari that challenged a California Supreme Court decision carving out an exception to the federal high court’s recent holdings in AT&T Mobility LLC v. Concepcion and...more

BakerHostetler

The California Divide: Federal Courts Refuse to Follow State Supreme Court’s Iskanian Decision

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One of the last barriers to full enforcement of arbitration agreements with class action waivers sustained another blow last week. A California federal district court disagreed with the California Supreme Court in holding...more

Proskauer - California Employment Law

Employers Should Now Run—Not Walk—Toward Adopting Arbitration Agreements in California

Yesterday, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transp. Los Angeles, LLC, upholding class action waivers in employment arbitration agreements. This means that the U.S. Supreme...more

FordHarrison

California High Court Finds Class Action Waivers Enforceable; Waiver of PAGA Action is not Enforceable

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Acknowledging the U.S. Supreme Court's decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), to be a game-changer, the California Supreme Court has held that the Federal Arbitration Act (FAA) preempts a state's...more

Nossaman LLP

Did You Know…U.S. Supreme Court Strengthens Class Action Waivers In AmEx Ruling

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In another employer-friendly decision, the U.S. Supreme Court reinforced its support for class action waivers, ruling in American Express Co. v. Italian Colors Restaurant that an explicit class action waiver in an arbitration...more

Ballard Spahr LLP

California Courts' Split Widens on Arbitrability of PAGA Claims

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Additional questions concerning the applicability of AT&T Mobility v. Concepcion to representative actions arose this week when a California intermediate court of appeals ruled that claims under the state's Private Attorneys...more

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