“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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California Employment Arbitration
Another Benefit of Arbitrating Employment Disputes
By Jeffrey D. Polsky on
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
By Jeffrey D. Polsky on
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
By Jeffrey D. Polsky on
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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Should CA Arbitration Agreements Allow Employees to Opt Out?
By Jeffrey D. Polsky on
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
By Nancy Yaffe on
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 and Federal Workplace Arbitration Law Remain in Conflict – MHN Govt. Svcs. v. Zaborowski
By Jeffrey D. Polsky on
We asked nearly 4 years ago if Armendariz (the key California Supreme Court case from 2004 on employment arbitration) was on a collision course with Concepcion (the US Supreme Court…
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California Legislature, Ignoring Federal Law, Tries to Ban Employment Arbitration (AB 465)
By Jeffrey D. Polsky on
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 Employment Arbitration: What Now?
By Jeffrey D. Polsky on
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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