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Arbitration California Fair Employment and Housing Act

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 -
Esquire Deposition Solutions, LLC

How Many Depositions Are Enough?

Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...more

Ervin Cohen & Jessup LLP

Severing Unconscionable Terms in Employment Arbitration Agreements

In August 2000, the California Supreme Court handed down a landmark ruling that changed the face of employment arbitration agreements going forward. That case, known as Armendariz v. Foundation Health Psychcare Services,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Says Severing Unconscionable Terms From Arbitration Agreements Is a Question of Fairness

On July 15, 2024, the Supreme Court of California issued a decision that could provide courts in the state with significant discretion to refuse to enforce employment arbitration agreements even if only one term is determined...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appeals Court Finds Employer’s Arbitration Agreement With Cost-Sharing and Out-of-State Law Provisions Unconscionable

In a recent ruling, a California appeals court found an arbitration agreement with an eyewear store employee that was presented on a take-it-or-leave-it basis required an arbitrator to apply the laws of another state,...more

Proskauer - California Employment Law

March 2024 California Employment Law Notes

We invite you to review our newly-posted March 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more

Holland & Knight LLP

A Look at New California Labor and Employment Laws for 2024

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The California Legislature has enacted several new laws that will impact the workplace in 2024. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2024, unless stated...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 7 "No Automatic Stay Any Further While Pushing for Arbitration"

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 the seventh day of the holidays, my labor and employment...more

Davis Wright Tremaine LLP

California's New Employment Laws: Get Ready for 2024

Governor Newsom signed into law a plethora of bills that significantly expand the rights of employees in California, although notably vetoing a bill that would have prohibited caste discrimination. Most of the new laws take...more

Proskauer - California Employment Law

In a Surprise Move, California Enacts Boatload of New Pro-Employer Laws – Nah, Just Kidding, It’s Going to be More Burdensome than...

In what has become an annual tradition, California – that fabled workers’ paradise on earth – has enacted a slew of new laws that, come January, may keep even the most hearty HR professionals up at night. As we reported...more

Venable LLP

Proposed New Legislation Threatens California Employers

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With the close of the legislative session, California employers are now waiting to see what new laws might go into effect. Below is a summary of some of the laws currently being considered for signature or veto by Governor...more

Morgan Lewis

Ninth Circuit Rejects California Ban on Mandatory Arbitration

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California employers can require arbitration of employees’ California Fair Employment and Housing Act and Labor Code claims as a condition of employment, according to a recent circuit court ruling....more

Littler

Ninth Circuit Allows Enforcement of Employment Arbitration Agreements in California

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In a significant win for California employers, the Ninth Circuit Court of Appeals, in Chamber of Commerce v. Bonta,1 affirmed a district court injunction striking down California Assembly Bill 51 (“AB 51”) as preempted by the...more

Paul Hastings LLP

The End of California’s Anti-Arbitration Statute: Ninth Circuit Holds AB 51 is Preempted by the FAA

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Bringing an end to the saga of California’s Assembly Bill 51, the Ninth Circuit Court of Appeals in Chamber of Commerce v. Bonta has held, in a 2-1 decision, that the Federal Arbitration Act preempts California’s...more

Meyers Nave

The California Employer’s Guide to New 2023 Laws

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As we have seen in just the past few weeks of the new year, laws are rapidly changing for employers. Following our Employment Law Update webinars provided to Private Sector and Non-Profit Employers, and Public Entity...more

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

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Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

Carlton Fields

Ninth Circuit Confirms Arbitration Award Finding FAA Disallows Judicial Review of Whether Arbitrator’s Factual Findings “Are...

Carlton Fields on

Plaintiff Annette Serna appealed from an order of the U.S. District Court for the Central District of California. Serna had brought wrongful termination and related claims against Northrop, including under California’s Fair...more

Holland & Knight LLP

New California Labor and Employment Laws for 2022

Holland & Knight LLP on

The California Legislature has enacted several new laws that will impact the workplace in 2022. This Holland & Knight alert provides a brief summary of select employment laws that went into effect on Jan. 1, 2022, unless...more

K&L Gates LLP

Employee Arbitration Update: The Ninth Circuit Reverses District Court's Conclusion That California Assembly Bill 51 is Preempted...

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California employers may no longer require employees to sign arbitration agreements covering claims under the Fair Employment and Housing Act (FEHA), the state’s discrimination, harassment, and retaliation law, or the...more

Orrick, Herrington & Sutcliffe LLP

California’s Mandatory Arbitration Ban is Upheld (For Now) – What This Means for Employers

On September 15, 2021, in a 2-1 decision, the Ninth Circuit upheld most of California’s law banning mandatory arbitration agreements and prohibiting employers from retaliating against applicants who refuse to sign an...more

Troutman Pepper

Ninth Circuit Restores California's Ban on Mandatory Employment Arbitration Agreements

Troutman Pepper on

On September 15, a Ninth Circuit panel in a 2-1 decision vacated a preliminary injunction, which has blocked enforcement of California Assembly Bill (AB) 51 since January 2020. The decision also partially struck down the...more

Morgan Lewis

Ninth Circuit Permits California Ban on Mandatory Arbitration

Morgan Lewis on

In a 2-1 decision, the US Court of Appeals for the Ninth Circuit on September 15 reversed a district court’s order enjoining the enforcement of California Assembly Bill 51 (AB 51) codified as Labor Code Section 432.6. Chamber...more

Epstein Becker & Green

Ninth Circuit Decision Holds That California Law Addressing Mandatory Arbitration Agreements May Go Into Effect

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Since the Supreme Court issued its seminal 2018 decision in Epic Systems Corp. v. Lewis, acknowledging that the Federal Arbitration Act (“FAA”) permits the use of arbitration agreements with class action waivers, many...more

CDF Labor Law LLP

Restauranteur Stands on Principle and Prevails After Six Years of Litigation

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After six years of litigation, a victory is etched in stone after the California Supreme Court denied review of a Court of Appeal decision that affirmed an arbitration award issued in favor of the employer in a hard-fought...more

Seyfarth Shaw LLP

Ninth Circuit Hears Oral Arguments On Employment Arbitration Restrictions

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Seyfarth Synopsis: The legal battles over Assembly Bill 51 (AB 51)—which attempts to prohibit mandatory employment arbitration agreements - continue. The Ninth Circuit heard the much anticipated oral arguments earlier this...more

Weintraub Tobin

California Appeals Order Barring Enforcement Of New Anti-Arbitration Law

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The State of California filed an appeal last week to challenge a federal court’s order barring California from enforcing a new state law that would curtail workplace arbitration agreements. Unless the State takes some...more

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