With the passage of AB 51, which we discussed in yesterday’s post, it’s understandable for employers and HR professionals to be asking if mandatory workplace arbitration still makes
Continue Reading Time to Reassess the Pros and Cons of Mandatory Employment Arbitration
mandatory employment arbitration
California Takes Another Swipe at Mandatory Arbitration Agreements
By Andrew S. Esler & Jeffrey D. Polsky on
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…
Continue Reading California Takes Another Swipe at Mandatory Arbitration Agreements
CA Supreme Court Continues its Assault on Arbitration Agreements
By David Faustman on
“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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Reassessing the Pros and Cons of Workplace Arbitration
By Jeffrey D. Polsky on
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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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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Judicial Hostility to Employment Arbitration Flares up in 9th Circuit
By Jeffrey D. Polsky on
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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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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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…
Continue Reading California and Federal Workplace Arbitration Law Remain in Conflict – MHN Govt. Svcs. v. Zaborowski