The California Court of Appeal dealt another blow to California employers—employees who’s individual PAGA claims are compelled to arbitration now maintain standing to bring their representative PAGA claims in court.
Continue Reading Representative PAGA Claims Survive Arbitration Agreements—California Rejects U.S. Supreme Court’s Viking River Holding
In another win for California employers, the Ninth Circuit Court of Appeals reversed itself and ruled that Assembly Bill 51 is preempted by the Federal Arbitration Act (“FAA”) and that
Continue Reading Mandatory Arbitration Agreements Allowed in California
Hand-signed arbitration agreements will be easier for employers to enforce in light of a recent California Court of Appeal ruling. Declarations from former employees claiming they “do not recall” having
Continue Reading When Employees Sue, You may Wish They had Signed Their Arbitration Agreements by Hand
In what will be one of the biggest wins for California employers this year, the U.S. Supreme Court has ruled that waivers of employees’ individual claims under California’s Private Attorneys
Continue Reading U.S. Supreme Court: Arbitration Agreements Can Include Enforceable PAGA Waivers!As someone who represents employers, I’ve long been a proponent of arbitration as a way to limit exposure to employment claims. I have colleagues who disagree and I recognize that
Continue Reading Reassessing the Pros and Cons of Workplace Arbitration
AB 51, which restricts workplace arbitration, was scheduled to take effect on January 1, 2020. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary restraining order
Continue Reading Judge Explains Reasons for Banning Enforcement of AB 51 and Preserving Workplace Arbitration in California
Here is the latest in a series of blogs about AB 51, the California bill that threatened mandatory arbitration. Thankfully, the District Court granted the preliminary injunction in full (not
Continue Reading Court Grants Injunction to Stop AB 51 — Mandatory Arbitration Still OK in CA
AB 51, which restricts workplace arbitration, was scheduled to take effect on January 1, 2020. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary restraining order to
Continue Reading Court Further Postpones AB 51 (Restricting Workplace Arbitration) From Taking Effect
We’ve noted before that AB 51 – the California legislature’s latest attempt to attack workplace arbitration – has significant legal flaws. On December 30, 2019, US District Judge Kimberly Mueller
Continue Reading Court Stops AB 51 (Restricting Workplace Arbitration) From Taking Effect
We’ve been blogging about attacks on workplace arbitration for over ten years now. (See, for example, this October 2009 post.) AB 51 represents the latest attempts by plaintiffs’ attorneys
Continue Reading Employer Group Sues to Block AB 51’s Ban on Arbitration