One of my least favorite phrases in blogging is “repurposing content.” The verb “repurposing” hurts my ears. You can give something a purpose, but you’re not “purposing” it. And if
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Arbitration Agreements
New Arbitration Protections for CA Employees
California’s legislature has passed two new statutes that increase the protections for employees arbitrating workplace disputes.
SB 1007, which passed on September 1, 2016, gives any party to arbitration…
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The Pros and Cons of Requiring Workplace Arbitration
We’ve written extensively about mandatory workplace arbitration. But it was still an honor when CEB, a program of the University of California that is cosponsored by the State Bar of…
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Counterpoint — Should CA Arbitration Agreements Allow Employees to Opt Out — Yes!

In most issues, my San Francisco colleague, Jeff Polsky, and I are kindred spirits. After all, his wife…
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Should CA Arbitration Agreements Allow Employees to Opt Out?
My colleague Brian Berkley in Philadelphia wrote a piece in today’s Law360 titled “Can Opt-Out Provisions Save Arbitration Clauses?” He focuses on recent litigation involving Uber and its…
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The Upside of Employment Arbitration
A recently completed five-day arbitration with twenty-one witnesses, reminded me of the upsides of employment arbitrations (especially when I compare my situation to that of my colleagues who are preparing…
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Governor Brown Vetoes Ban On Employment Arbitration
Governor Brown vetoed AB 465. This bill would have disregarded federal law and banned mandatory agreements to arbitrate employment claims. In a veto message, he noted the lack…
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California Legislature, Ignoring Federal Law, Tries to Ban Employment Arbitration (AB 465)
Last week, the state legislature passed AB 465 — a bill that prohibits employers from asking employees to agree to arbitrate employment claims unless the employees have their own attorneys…
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California Supreme Court Approves Class Action Waivers in Arbitration Agreements
Here’s yet another post from Dave Faustman. This time he discusses today’s decision in Iskanian v. CLS Transportation, in which Fox Rothschild LLP represented the employer.
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Today,…
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The Future of Class Action Waivers in California Employment Cases to be Decided This Summer
On April 3, 2014, the California Supreme Court heard oral argument in front of a packed courtroom in Iskanian v. CLS Transportation, a case involving the enforceability of class/representative…
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