I have some good news for California employers seeking to enforce arbitration agreements. The California Supreme Court just held that non-payment of arbitration fees does not automatically waive the right
Continue Reading A Simple Payment Error is not a Waiver of the Right to Arbitrate
After four long years of litigation, AB 51, intended to prohibit mandatory arbitration agreements, has been permanently enjoined. California companies may rejoice in a rare win allowing enforceable arbitration agreements
Continue Reading Mandatory Arbitration Agreements Are Ok
You’ve taken the right steps. You prepared and rolled out an enforceable arbitration agreement to your employees. Not surprisingly in California, you were sued. The Plaintiff, by force or voluntarily
Continue Reading Pay Your Arbitration Fees on Time or Forfeit Arbitration
The California Supreme Court granted review of Adolph v. Uber Technologies, Inc. (“Adolph”) in July 2022. The case calls into question whether a PAGA representative maintains standing
Continue Reading Mark Your Calendars – PAGA Waivers to be Decided by August 7, 2023
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!Think back pre-Covid, the end of 2019, a law was set to take effect in California that banned mandatory arbitration, and imposed criminal penalties on employers for mandating arbitration. This
Continue Reading Mandatory Arbitration Again in Question in CA (AB 51 Resuscitated)
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
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