New Decision Rejects D.R. Horton Reasoning
A new ruling from the Northern District of California, Morvant v. P.F. Chang’s Bistro, Inc. (May 7, 2012), confirms the enforceability of class action waivers despite contrary California law and the...
View ArticleCA Court Holds Employment Arbitration Agreement Waiving Class and...
In Iskanian v. CLS Transportation Los Angeles, LLC, (Cal. Ct. App. June 4, 2012), the California Court of Appeal for the Second Appellate District affirmed a decision to compel individual arbitration...
View ArticleCalifornia Court of Appeal Enforces Arbitration
A California Court of Appeal recently required a plaintiff to forego class and representative action claims in Nelsen v. Legacy Partners Residential, Inc., No. A132927 (Cal. App. July 18, 2012) finding...
View ArticleTruly Nolen v. Superior Court: A Unique Take On California’s Gentry Decision...
In its landmark Concepcion and Stolt-Nielsen decisions, the U.S. Supreme Court made clear that courts must enforce private agreements to arbitrate according to their terms, even if doing so results in...
View ArticleCalifornia Court Finds Arbitration Agreement In Employee Handbook Unenforceable
In a July 30, 2012 decision the Second Appellate District of the Court of Appeal ruled that an employee was not bound by the arbitration clause in his employee handbook for a slew of reasons: the...
View ArticleCalifornia Court of Appeal: Employer Cannot Compel Arbitration Unless There...
Since the United States Supreme Court’s decision in AT&T Mobility v. Concepcion, more and more employers have sought to get out of court and into arbitration when dealing with employee disputes....
View ArticleSupreme Court Reaffirms Enforceability of Arbitration Agreement in...
In a succinct opinion issued on November 26, 2012, the Supreme Court delivered a stern warning to state courts that fail to enforce arbitration clauses accompanying noncompetition agreements. In...
View ArticleCalifornia Court of Appeal Denies Wage-and-Hour Class Claims and Enforces...
Employers in California have been watching closely to see how courts will apply the United States Supreme Court’s decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), which held that...
View ArticleArbitration Wars: The California Supreme Court Strikes Back In Sonic II
On October 17, 2013, the California Supreme Court revisited the enforceability of arbitration agreements in California. The Court released its decision Sonic-Calabasas Inc. v. Moreno (Sonic II). In...
View ArticleCompelling Individual Arbitration Violates National Labor Relations Act? It...
Joining the ever growing list of opinions on the arbitrability of class claims, an NLRB Administrative Law Judge recently ruled that an arbitration agreement that did not expressly bar workers from...
View ArticleBon Voyage! Dodd Frank Whistleblower Claim Shipped to Arbitration
In Murray v. UBS Securities, LLC, Judge Failla in the Southern District of New York compelled arbitration of a Dodd-Frank whistleblower retaliation claim, holding that nothing in the anti-retaliation...
View Article“Unpredictable and Potentially Messy”?: NLRB Ruling Could Complicate...
In its June 26 split decision in American Baptist Homes of the West d/b/a Piedmont Gardens and Service Employees International Union, United Healthcare Workers- West, 362 N.L.R.B. No. 139 (Case No....
View ArticleJustice Scalia’s Employment Law Legacy
On February 13, 2016, Justice Antonin Scalia, the anchor of the Court’s conservative wing for nearly three decades, passed away. He leaves behind a distinguished legal career that involved experience...
View ArticleCalifornia Supreme Court Holds “No Universal Rule” Exists When Deciding Who...
On July 28, 2016, the California Supreme Court added to the ever-changing body of case law regarding classwide arbitration when it held that “no universal rule” exists regarding who (the court or the...
View ArticleCalifornia: 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...
View ArticleFinal Fair Pay Rules Are Here: Contractors Face Complex Requirements and...
The federal government released the final regulations implementing the Fair Pay and Safe Workplaces Executive Order (“EO” hereafter) this week. The regulatory package contains two parts: amendments to...
View ArticleArbitration in Employment Sea Change?: Ninth Circuit Holds Mandatory Class...
Can employers still require employees to sign arbitration agreements with class action waivers as a condition of employment? Last week, the Ninth Circuit became the second appellate court to adopt the...
View ArticleCalifornia Divide: What California Employers Can Expect In 2017
As California goes, so goes the nation. When it comes to employment law, the Golden State is continuing down a path of increased regulation. With 2017 right around the corner, here are some new laws...
View ArticleBREAKING DEVELOPMENT: Supreme Court to Rule on Enforceability of Class Action...
In August of 2016, we reported that the Ninth Circuit created a deeper circuit-split on whether class action waivers in arbitration agreements violate the National Labor Relations Act (“NLRA”) with its...
View ArticleIt’s Smooth Sailing for a Shipping Company After Ninth Circuit Arbitration...
Last month, the Ninth Circuit issued a notable opinion addressing the enforceability of arbitration agreements in Poublon v. C.H. Robinson Co., 846 F.3d 1251 (9th Cir. 2017), mandate issued (Feb. 24,...
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