Jared Slater on Federal Arbitration Act

The Battle for Supremacy: Federal Arbitration Act v. California Arbitration Act

Since its enactment, California courts have universally established the California Code of Civil Procedure section 1281.97 et seq., which governs the timely payment of fees in arbitration, allows no room for error....more

7/31/2024 / Appeals , Arbitration , Arbitration Fees , Breach of Duty , Cal Code of Civil Procedure , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Preemption , Safe Harbors , State Arbitration Acts , Statutory Deadlines , Statutory Interpretation

Arbitration Agreements Can Be A Condition of Employment Once Again

The saga of challenges to mandatory employment arbitration agreements is almost over. After three years of challenges, the United States Chamber of Commerce successfully appealed the enactment and enforcement of California’s...more

2/20/2023 / Arbitration , Arbitration Agreements , Employment Contract , Federal Arbitration Act , Mandatory Arbitration Clauses

Update: Challenge to California’s Arbitration Agreement Law Marches On

Employers throughout California have been keenly awaiting the final decision from the 9th Circuit Court of Appeals regarding the United States Chamber of Commerce’s challenge to California Labor Code section 432.6,...more

8/30/2022 / Appeals , Arbitration , Arbitration Agreements , Chamber of Commerce , Employment Contract , Federal Arbitration Act , Mandatory Arbitration Clauses , State Labor Laws , Viking River Cruises Inc v Moriana

United States Supreme Court Overrules Ban on PAGA Arbitrations

Private Attorneys General Act (“PAGA”) actions are the proverbial boogeyman to California employers. On June 15, 2022, the United States Supreme Court reined in some of this statute’s bite by holding that “aggrieved...more

6/22/2022 / Arbitration , Arbitration Agreements , Employment Litigation , Federal Arbitration Act , Private Attorneys General Act (PAGA) , SCOTUS , State Labor Laws

Supreme Court Hears Oral Argument on Arbitrability of California's Private Attorneys’ General Act Under Federal Arbitration Act

Since the California Supreme Court’s ruling in Iskanian v. CLS Transportation Los Angeles, LLC in 2014, it has been widely understood that Private Attorneys’ General Act (“PAGA”) actions cannot be subject to employment...more

4/4/2022 / Arbitration , Arbitration Agreements , Employment Contract , Federal Arbitration Act , Iskanian v CLS Transportation , Mandatory Arbitration , Mandatory Arbitration Clauses , Private Attorneys General Act (PAGA) , SCOTUS , State Labor Laws

Mandatory Arbitration Agreements in California: Down, But Possibly Not Out

Businesses and attorneys alike have kept a close eye on the developments surrounding the challenge to California Assembly Bill 51 (now codified as Labor Code section 432.6). Most recently, in a 2-1 decision, the 9th Circuit...more

12/28/2021 / Appeals , Arbitration , Arbitration Agreements , Chamber of Commerce , Employer Liability Issues , Employment Contract , Federal Arbitration Act , Federal Rules of Appellate Procedure , Mandatory Arbitration Clauses , Petition For Rehearing , Preemption , Preliminary Injunctions , State Labor Laws

Mandatory Arbitration Agreements are Unenforceable in California, Again

In a year of tough decisions for California employers, the Ninth Circuit just issued another mixed bag of legal decisions to navigate, this time regarding the enforceability of mandatory arbitration agreements. CA Labor...more

9/20/2021 / Arbitration , Arbitration Agreements , Chamber of Commerce , Employment Contract , Federal Arbitration Act , New Legislation , Preemption , State Labor Laws

Jared Slater

Ervin Cohen & Jessup LLP

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