Scott Jang

Jackson Lewis P.C.

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California Court of Appeal Holds California’s Law Regarding Payment of Arbitration Fees Preempted by FAA

In 2019, California enacted Senate (SB) Bill 707, a law codified as California Code of Civil Procedure sections 1281.98 and 1281.99, that automatically deems an employer’s failure to pay fees required for the commencement or...more

6/3/2024 / Appellate Courts , Arbitration Agreements , Arbitration Fees , California , Failure To Pay , Federal Arbitration Act

California Court of Appeal Stresses the Difference Between Substantive and Procedural Unconscionability for Arbitration Agreements

In a pair of cases decided by the Second Appellate District of the California Court of Appeal, the Court reiterated the difference between procedural and substantive unconscionability when it comes to invalidating arbitration...more

5/1/2023 / Appellate Courts , Arbitration Agreements , California , DFEH , Equal Employment Opportunity Commission (EEOC) , Mutuality , Pre-Employment Agreements , Substantive Rule

Private Attorneys General Act Round-Up For 2020

2020 presented a myriad of challenges for California employers, including the constant march of California court opinions regarding the Private Attorneys General Act (PAGA) claims. The California courts focused on two...more

1/6/2021 / Appellate Courts , Arbitration Agreements , CA Supreme Court , Labor & Workforce Development Agency (LWDA) , Private Attorneys General Act (PAGA) , Wage and Hour

No Initials, No Problem: California Court Of Appeal Holds Failure to Initial Not Enough To Prevent Arbitration

“What if neither party to an arbitration agreement places initials next to a jury waiver contained in the agreement, even though the drafter included lines for their initials?” asked the California Court of Appeal in Martinez...more

7/14/2020 / Appellate Courts , Arbitration , Arbitration Agreements , Employment Policies , Motion to Compel

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