In a significant blow to employment-related arbitration agreements, the California Supreme Court ruled in Adolph v. Uber Technologies, Inc. that an employee has standing to bring non-individual, representative California...more
On Feb. 15, 2023, the Ninth U.S. Circuit Court of Appeals affirmed a district court’s ruling that the Federal Arbitration Act (FAA) preempts California Assembly Bill 51 (AB 51), which made it a criminal offense for an...more
In a significant ruling for California employers, the U.S. Supreme Court on June 15, 2022, held in Viking River Cruises, Inc. v. Moriana, No. 20-1573, that the Federal Arbitration Act (FAA) partially preempts California state...more
On March 3, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The new law invalidates pre-dispute arbitration agreements and class and collective waivers for sexual...more
As 2019 quickly approaches, a number of new California laws impacting employers are set to take effect. As a response to the #MeToo and #TimesUp movements, a number of these new laws address sexual harassment in the...more
12/27/2018
/ Arbitration ,
Board of Directors ,
Criminal Background Checks ,
Criminal Records ,
Diversity ,
Employee Training ,
Employer Liability Issues ,
FEHA ,
Hiring & Firing ,
Job Applicants ,
Lactation Accommodation ,
Paid Family Leave Law ,
Payroll Records ,
Salary/Wage History ,
Settlement Agreements ,
Sexual Assault ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations
In a 5-4 opinion in Epic Systems Corp. v. Lewis and two companion cases, the U.S. Supreme Court on May 21, 2018, held that class and collective action waivers in employees’ arbitration agreements are enforceable under the...more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
While most states permit parties to waive the right to a jury trial by contract before a dispute arises, the California Supreme Court held over a decade ago that California is not one of them. Recently, a California court...more
On December 15, 2014, a divided National Labor Relations Board (NLRB) - split along party lines - overturned 30-year-old precedent addressing standards for the deferral of certain unfair labor practice charges to contractual...more