The California Supreme Court has once again deviated from what many view as clear precedent of the U.S. Supreme
Continue Reading California Court Sets Up Showdown with SCOTUS over Class-Action Waivers
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
Continue Reading Supreme Court Justices (presumably 9 of them) Will Again Address Class Action Waivers in Arbitration Clauses
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
Continue Reading Another Benefit of Arbitrating Employment Disputes
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
Continue Reading New Arbitration Protections for CA Employees
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
Continue Reading The Pros and Cons of Requiring Workplace Arbitration
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
Continue Reading Judicial Hostility to Employment Arbitration Flares up in 9th Circuit
In most issues, my San Francisco colleague, Jeff Polsky, and I are kindred spirits. After all, his wife
Continue Reading Counterpoint — Should CA Arbitration Agreements Allow Employees to Opt Out — Yes!
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
Continue Reading Should CA Arbitration Agreements Allow Employees to Opt Out?
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
Continue Reading The Upside of Employment Arbitration
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
Continue Reading California Legislature, Ignoring Federal Law, Tries to Ban Employment Arbitration (AB 465)