In another win for California employers, the Ninth Circuit Court of Appeals reversed itself and ruled that Assembly Bill 51 is preempted by the Federal Arbitration Act (“FAA”) and that
Continue Reading Mandatory Arbitration Agreements Allowed in California
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 HandAs 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
We’ve noted before that AB 51 – the California legislature’s latest attempt to attack workplace arbitration – has significant legal flaws. On December 30, 2019, US District Judge Kimberly Mueller
Continue Reading Court Stops AB 51 (Restricting Workplace Arbitration) From Taking Effect
We’ve been blogging about attacks on workplace arbitration for over ten years now. (See, for example, this October 2009 post.) AB 51 represents the latest attempts by plaintiffs’ attorneys
Continue Reading Employer Group Sues to Block AB 51’s Ban on Arbitration
We’ve been talking a lot about employment arbitration since the passage of AB 51. We’ve discussed the bill itself, and we’ve reassessed the pros and cons of workplace arbitration
Continue Reading What’s Behind the Battle Over Workplace Arbitration?
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