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
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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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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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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The Pros and Cons of Mandatory Workplace Arbitration
Should your company have mandatory arbitration agreements with its employees? Having tried and arbitrated dozens of cases on behalf of employers, here are what I see as the pros and…
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California Employment Arbitration: What Now?
For years, the rules surrounding employment arbitration agreements in California have been in a state of flux. In light of the US Supreme Court’s decision this week not to grant…
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