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California Inches Closer To Killing Arbitration As We Know It…

It’s not like we didn’t tell you so, cuz we did! Just last year, we predicted that the latest assault on employer arbitration rights had the potential to destroy arbitration everywhere in the country. Is Arbitration Becoming...more

Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more

Anti-Arbitration Statute Gets Zapped!

The Empire Struck Back last week when the California Court of Appeal held that the state’s latest back-door attempt to outlaw employment arbitration by any means necessary is preempted by the Federal Arbitration Act (FAA). ...more

May 2024 California Employment Law Notes

We invite you to review our newly-posted May 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more

March 2024 California Employment Law Notes

We invite you to review our newly-posted March 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

November 2023 California Employment Law Notes

We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law...more

Is Arbitration Becoming “Just Somebody That We Used to Know”? — The Beginning of the End of Arbitration

When Congress passed and President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) last year, we predicted it was just the beginning of an all-out federal assault on...more

$137 Million Racial Harassment Verdict Against Tesla Slashed by New Jury!

An astronomical $137 million jury verdict against Tesla has again been reduced, for a second (and potentially final) time. Last Monday, following a five-day trial on damages, a federal court jury awarded Owen Diaz, a former...more

March 2023 California Employment Law Notes

No Claim By Employee Who Was Friends With Alleged Harasser Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023) - Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla...more

Employer Waived Right To Arbitration By Failing To Timely Pay Arbitration Fees

Espinoza v. Superior Court, 83 Cal. App. 5th 761 (2022) - Rosa M. Quincoza Espinoza sued her former employer, Centinela Skilled Nursing & Wellness Centre West, LLC, for discrimination and retaliation. The employer filed a...more

The U.S. Supreme Court Says PAGA Representative Action Waivers Are Enforceable After All

On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme...more

U.S. House Passes Bill that Places Future of Arbitration Agreements at Risk

It’s only been two weeks since President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Ending Forced Arbitration Act”) into law, and there is already a new major...more

Congress Passes Bill Prohibiting Mandatory Arbitration and Class Action Waivers for Sexual Harassment and Sexual Assault Claims

Yesterday, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote. The bill had previously passed the House of Representatives by a vote of 335-97....more

House Passes Bill Barring “Mandatory Arbitration” in Sexual Assault and Harassment Cases

On February 7, 2022, in a 335-97 vote, the U.S. House of Representatives passed a bipartisan bill (“Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”), which would prohibit “mandatory arbitration”...more

Good Tidings for the Holidays! The U.S. Supreme Court Finally Will Review (and May Bury) PAGA’s Anti-Arbitration Rule

While the California Supreme Court has repeatedly upheld arbitration agreements with class action waivers (as they must under the Federal Arbitration Act), in a now infamous (and controversial) decision from 2014, the court...more

California Employment Law Notes - November 2021

Ninth Circuit Resurrects California’s Anti-Arbitration Statute - Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021) - The Ninth Circuit Court of Appeals reversed in part a 2020 preliminary...more

Governor Newsom Signs A Slew of New Employment Laws for 2022

As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state....more

San Francisco Jury Hits Tesla with $137 Million Race Harassment Verdict

On Monday afternoon, a San Francisco federal court jury awarded $137 million to a Black former elevator operator who worked at Tesla’s Fremont facility for approximately one year before quitting his employment in 2016.  ...more

What Forced Arbitration Ruling Means For Calif. Employers

On Wednesday, in a surprising turn, the U.S. Court of Appeals for the Ninth Circuit reversed in part a 2020 preliminary injunction issued by a district court and resurrected California Labor Code Section 432.6, the Golden...more

Non-Severability Clause In Arbitration Agreement Invalidated Entire Agreement

Kec v. Superior Court, 2020 WL 3869721 (Cal. Ct. App. 2020) - Nichole Kec brought individual, class and Private Attorneys General Act (PAGA) claims against her employer, R.J. Reynolds Tobacco Co., et al. Kec had signed a...more

$13M UCLA Case Exposes Calif. Employment Litigation Flaws

In Pinter-Brown v. Regents of the University of California, the California Court of Appeal’s Second Appellate District recently reversed a blockbuster $13 million judgment that was entered against UCLA in favor of one of its...more

Federal Court Strikes Down California’s “Request Arbitration, Go to Jail” Law

On January 31, 2020, Chief United States District Judge Kimberly J. Mueller enjoined California from enforcing AB 51. This new legislation prohibits employers from requiring their employees to sign arbitration agreements....more

Federal Court Blocks “Request Arbitration, Go to Jail” Law in California

As we reported previously, Assembly Bill 51, which would impose criminal penalties upon employers seeking to have their employees sign arbitration agreements, has been challenged in federal court...more

California’s Arbitration Ban Challenged in Federal Court

As expected, California’s effort to ban employers from requiring employees and applicants to sign an arbitration agreement has been challenged in federal court. The lawsuit was filed by a business coalition that includes the...more

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