On October 10, 2019, California Gov. Gavin Newsom signed Assembly Bill 51 into law, prohibiting employers from requiring employees to sign mandatory arbitration agreements as a condition of employment. You
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CA Supreme Court Continues its Assault on Arbitration Agreements
“Unconscionability” is alive and well, as last week the California high Court renewed its 30-year running dog fight with the U.S. Supreme Court over the enforceability of arbitration agreements. In
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Litigating Sex Harassment in the #MeToo Era
The #MeToo movement started more than a year and a half ago. Somewhat surprisingly, the number of sexual harassment cases filed has not increased significantly. However, we’ve seen significant
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Reassessing the Pros and Cons of Workplace Arbitration
In Epic Systems v. Lewis, the U.S. Supreme Court recently approved the use of arbitration agreements that include class action waivers. So this seems an opportune time to reassess
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California Court Sets Up Showdown with SCOTUS over Class-Action Waivers
The California Supreme Court has once again deviated from what many view as clear precedent of the U.S. Supreme
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Supreme Court Justices (presumably 9 of them) Will Again Address Class Action Waivers in Arbitration Clauses
Last Friday, the US Supreme Court agreed to hear cases from the 9th, 7th, and 5th Circuits in which the courts are split on the issue whether class action waivers
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Another Benefit of Arbitrating Employment Disputes
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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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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Judicial Hostility to Employment Arbitration Flares up in 9th Circuit
When you draft employment arbitration agreements, it’s not enough to know what the law is. You should also know what the law will be at the time that someone challenges
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