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Preemption › Mandatory Arbitration

BakerHostetler

At Long Last, California District Court Permanently Enjoins Enforcement of AB 51

BakerHostetler on

There are times when one would rather not be proven right. Nearly four years ago, a California district court invalidated AB 51, which sought to prohibit mandatory arbitration by, among other things, calling for criminal...more

Stokes Wagner

AB 51 Faces Preemption and Injunction Challenge

Stokes Wagner on

California’s AB 51, barring mandatory arbitration agreements in employment, is now facing preemption and injunction challenges. On December 6, 2019, the U.S. Chamber of Commerce, California Chamber of Commerce, and several...more

Parker Poe Adams & Bernstein LLP

New California Law Prohibits Mandatory Arbitration of State Law Employment Claims

Parker Poe Adams & Bernstein LLP on

On January 1, 2020, a new California law could prevent employers in that state from requiring arbitration of employment claims brought under state law. The new law was prompted by stories revealed as a result of the #MeToo...more

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

Answers to 10 Questions About California’s Ban on Mandatory Arbitration of Statutory Employment Claims

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

California is set to become the only state to outlaw predispute mandatory arbitration of statutory employment claims. On October 10, 2019, Governor Gavin Newsom signed California Assembly Bill (AB) 51, which prohibits...more

Fisher Phillips

New California Law Prohibits Most Mandatory Arbitration Agreements—For Now

Fisher Phillips on

• Under a new law just signed into effect by the California Governor and set to take effect on January 1, 2020, employers will no longer be able to compel workers into arbitration for state discrimination claims or those...more

Constangy, Brooks, Smith & Prophete, LLP

Court Strikes Down New York Anti-Arbitration Provisions

Constangy, Brooks, Smith & Prophete, LLP on

As we reported, New York State has enacted laws prohibiting mandatory arbitration of sexual harassment claims and all other discrimination claims under the New York State Human Rights Law. And, as we anticipated, a New York...more

Fisher Phillips

Will He or Won’t He? Employment Arbitration Ban Proposal Heads to Governor Brown

Fisher Phillips on

The #MeToo movement and the national focus on sexual harassment have sparked significant legislative activity at the state level designed to address these issues. Here in California, lawmakers introduced over two dozen bills...more

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

Full Disclosure: Maryland’s New #MeToo Law May Do Little to Expose Workplace Harassment

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

In reaction to a litany of high-profile scandals, Maryland has joined a growing number of states in enacting legislation intended to prevent employers from sheltering perpetrators of sexual harassment. Approved by Governor...more

BCLP

Recent Cases Provide Recipe for Resolving Consumer Class Actions Through Arbitration

BCLP on

Recent court decisions confirm the possibility of mandatory arbitration as a viable option for retailers frustrated with the rising costs of litigation, and the inability to recover their attorneys’ fees, for frivolous class...more

Seyfarth Shaw LLP

Fifth Circuit Stands Pat, Again Rejects NLRB Attempt To Void Class And Collective Action Waiver

Seyfarth Shaw LLP on

As expected, the Fifth Circuit once again has rejected the NLRB’s highly controversial position that the National Labor Relations Act (“NLRA”) prohibits employers from requiring mandatory arbitration agreements that preclude...more

Seyfarth Shaw LLP

Governor’s Pen Sends Anti-Employment Arbitration Bill to the Grave

Seyfarth Shaw LLP on

On October 11—his very last day to sign or veto bills—Governor Brown vetoed the much-feared Assembly Bill 465. AB 465 would have banned mandatory agreements to arbitrate Labor Code claims as a condition of employment. At...more

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