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Contract Terms Arbitration Agreements State Labor Laws

Ervin Cohen & Jessup LLP

The Importance of Having an Up-To-Date Employment Arbitration Agreement

Until the United States Supreme Court’s decision in Viking River Cruises v. Moriana in 2022, California law had established that Private Attorneys General Act (“PAGA”) claims could not be subject to binding arbitration....more

Littler

The Sixth Circuit Rules on Arbitration Clause Enforcement

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The U.S. Court of Appeals for the Sixth Circuit has ruled that an arbitration provision in a plaintiff’s employment contract is binding and enforceable, even if the employer did not explain the provision or recommend the...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

Proskauer Rose LLP

What Forced Arbitration Ruling Means For Calif. Employers

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On Wednesday, in a surprising turn, the U.S. Court of Appeals for the Ninth Circuit reversed in part a 2020 preliminary injunction issued by a district court and resurrected California Labor Code Section 432.6, the Golden...more

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

Ninth Circuit Upholds Portions of California Law Prohibiting Use of Mandatory Arbitration Agreements

In a split 2-1 decision that likely raises more questions than it answers, the Ninth Circuit Court of Appeals cast some doubt upon the ability of employers to implement mandatory arbitration agreements with their employees....more

Morgan Lewis

NJ Supreme Court Clears Hurdles for Employee Arbitration Agreements

Morgan Lewis on

In Skuse v. Pfizer Inc., the New Jersey Supreme Court allows continued employment as a means for consent to an agreement to arbitrate and confirms online communication and delivery to employees regarding arbitration...more

FordHarrison

New Jersey Finally Gets a Roadmap to Creating a Valid Arbitration Clause

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Tuesday, New Jersey’s Supreme Court approved as legally binding an arbitration agreement provided to employees electronically, concluding the arbitration agreement was effectively, clearly, and unambiguously communicated to...more

Seyfarth Shaw LLP

AB 51: Preliminary Injunction GRANTED

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Seyfarth Synopsis: Among other things, AB 51 makes it unlawful for employers to impose arbitration agreements on employees as a condition of employment, even if employees are permitted to opt out. AB 51 was quickly challenged...more

Epstein Becker & Green

California Federal Court Issues Detailed Decision Explaining Its Preliminary Injunction to Block Anti-Arbitration Law

Epstein Becker & Green on

As we wrote here, United States District Court Judge Kimberly J. Mueller of the Eastern District of California wrote a brief “minute order” explaining that she was issuing a preliminary injunction to halt enforcement of...more

Littler

California Court Concludes that Anti-Arbitration Law is Likely Preempted

Littler on

On February 7, 2020, the U.S. District Court for the Eastern District of California issued an order supporting its injunction of Assembly Bill 51 (AB 51), an expansive anti-arbitration law enacted in October, which was...more

Seyfarth Shaw LLP

AB 51 Challenge: Preliminary Injunction Issued

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Seyfarth Synopsis: After granting a temporary restraining order days before AB 51 was to go into effect, the Eastern District of California granted a motion for a preliminary injunction on January 31, 2020. An order detailing...more

Ervin Cohen & Jessup LLP

Judge Orders Emergency Halt of AB 51 Employment Arbitration Law

A federal judge issued a temporary restraining order on Monday, December 30, to halt enforcement of California’s Assembly Bill 51 (AB 51), which was scheduled to go into effect on January 1, 2020. AB 51 would have prevented...more

FordHarrison

A (Temporary) Reprieve for Mandatory Workplace Arbitration

FordHarrison on

On December 30, 2019, a federal judge in the Eastern District of California entered an order temporarily halting the enforcement of AB 51, California’s new anti-mandatory arbitration law. AB 51, which was set to go into...more

Epstein Becker & Green

Not So Fast – Federal Court Issues TRO to Enjoin Enforcement of New California Arbitration Statute

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We recently wrote about a new California law set to go into effect on January 1, 2020 that would outlaw mandatory arbitration agreements with employees....more

Littler

Enforcement of California’s Anti-Arbitration Law Put on Hold

Littler on

A federal court in California has prevented, at least for now, an expansive anti-arbitration law from taking effect on January 1, 2020.  Under Assembly Bill (AB) 51, enacted on October 10, 2019, employers cannot require...more

McNees Wallace & Nurick LLC

Will the Federal Arbitration Act Dismantle California’s Prohibition Against Employment Arbitration?

If your business operates in California, you need to be aware of AB 51, a law that will take effect January 1, 2020.  AB 51 precludes employers from requiring any applicant or employee, as a condition of employment, continued...more

Flaster Greenberg PC

2019 Law At Work - Year In Review

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They say the only thing in life that is constant is change, and we certainly saw that in 2019. This was a big year for change in employment law as legislators, courts, and regulators, shaped the workplace to reflect societal...more

Pillsbury Winthrop Shaw Pittman LLP

Significant Changes Ahead for California Employers, Effective January 1, 2020

California Governor Gavin Newsom has signed numerous pro-employee bills into law that will impact all Golden State employers starting January 1, 2020. For now, preparation and compliance planning are essential. Employers...more

Lewitt Hackman

Can Your Company’s Arbitration Agreement Survive an Unconscionability Inquiry?

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Concluding that TWC Dealer Group, Inc.’s arbitration agreements were both procedurally and substantively unconscionable, California’s First Appellate District’s recent decision highlights certain contractual terms and...more

Lewitt Hackman

“No More Arbitration for You!” – Part 2

Lewitt Hackman on

In our previous blog we wrote about California’s Assembly Bill 51, which largely impacts arbitration agreements by prohibiting employers from requiring employees or applicants for employment to agree to arbitrate claims for...more

Epstein Becker & Green

California Governor Signs Legislation Outlawing Mandatory Arbitration Agreements with Employees

Epstein Becker & Green on

As employers with operations in California had feared, Governor Gavin Newsom has signed AB 51, which effectively outlaws mandatory arbitration agreements with employees – a new version of a bill that prior Governor Jerry...more

Proskauer - Law and the Workplace

Illinois Enacts Workplace Transparency Act

On August 9, 2019, Illinois Governor Pritzker signed the Workplace Transparency Act (the “Act”) into law. The Act will apply to all contracts, agreements, clauses, or waivers entered into, modified, or extended on or after...more

Seyfarth Shaw LLP

Pre-Dispute Arbitration Agreements And Non-Disclosure Provisions On The Chopping Block In New Jersey

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Seyfarth Synopsis: The New Jersey Legislature recently passed Senate Bill 121 affecting claims of discrimination, harassment, and retaliation, which if signed into law, would render any prospective waiver of rights against...more

Seyfarth Shaw LLP

California Legislative Update: Sexual Harassment, Other Bills Await Governor’s Signature

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Seyfarth Synopsis: August 31 was the California Legislature’s last day to send bills to Governor Brown for his approval or veto by his September 30 deadline. Chief among them are bills addressing sexual harassment....more

Payne & Fears

Key California Employment Law Cases: March 2017

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This month’s key California employment law cases involve arbitration and PAGA issues. Arbitration - Farrar v. Direct Commerce, Inc., 9 Cal. App. 5th 1257, 215 Cal. Rptr. 3d 785 (2017) - Summary: Arbitration...more

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