Scott Jang on Employer Liability Issues

Federal Arbitration Act Preempts California Ban on Mandatory Arbitration Contracts, Ninth Circuit Holds

The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s grant of a preliminary injunction barring enforcement of California’s Assembly Bill (AB) 51 with respect to arbitration agreements governed by the...more

2/17/2023 / Arbitration Agreements , California , Corporate Counsel , Employer Liability Issues , Employment Contract , Federal Arbitration Act , FEHA , Mandatory Arbitration , State Labor Laws

U.S. Supreme Court Rejects Courts’ Use of ‘Look-Through’ Approach in Reviewing Arbitration Awards

A federal court must have an independent jurisdictional basis to confirm or vacate an arbitration award and cannot “look through” to the underlying dispute to establish jurisdiction, the U.S. Supreme Court has ruled in a case...more

4/4/2022 / Arbitration , Arbitration Awards , Corporate Counsel , Employer Liability Issues , Federal Arbitration Act , SCOTUS

Congress Passes Federal Law Restricting Arbitration Agreements for Sexual Assault, Harassment Claims

A new law making predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims invalid and unenforceable has passed in Congress and is headed to President Joe Biden’s desk....more

2/11/2022 / Arbitration Agreements , Employer Liability Issues , Employment Contract , Federal Arbitration Act , Sexual Harassment

Ninth Circuit Rejects Ex-Tinder Employee’s Attempt to Avoid Arbitration

The Ninth Circuit Court of Appeals has ruled that an ex-Tinder employee must arbitrate her claims against her former employer and cannot pursue her claims in court, even though her claims arose before she executed an...more

11/3/2021 / Arbitration , Arbitration Agreements , Corporate Counsel , Employer Liability Issues , Retaliation , Sexual Harassment , Tinder

End of California 2021 Legislative Session Brings New Laws Affecting California Employers

The California legislature has passed and Governor Gavin Newsom has signed a number of bills that address wage and hour practices and other issues affecting California employers. All bills take effect January 1, 2022, unless...more

Federal Arbitration Act Partial Bar On California’s Ban On Mandatory Arbitration Contracts, Court Holds

The Federal Arbitration Act (FAA) only partially preempts California’s bar on mandatory arbitration agreements in employment, the U.S. Court of Appeals for the Ninth Circuit has held, vacating the preliminary injunction that...more

9/17/2021 / Arbitration Agreements , Chamber of Commerce , Employer Liability Issues , Federal Arbitration Act , FEHA

Court Hears Challenges To California Bar On Mandatory Arbitration Agreements In Employment

The U.S. District Court for the Eastern District of California heard oral argument on January 10, 2020, on whether to enter a preliminary injunction preventing the State of California from enforcing AB 51 while the court...more

1/14/2020 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Mandatory Arbitration Clauses

Court Hears Oral Argument On Challenges to AB 51, Orders Further Briefing, And Maintains Temporary Restraining Order

On January 10, 2020, the U.S. District Court for the Eastern District of California heard oral arguments on whether the court should enter a preliminary injunction preventing the State of California (State) from enforcing AB...more

1/13/2020 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Mandatory Arbitration Clauses , State Labor Laws

California Bar On Mandatory Arbitration Agreements In Employment Challenged, Injunction Sought

The U.S. Chamber of Commerce and other business organizations have filed suit in federal court against the State of California to have AB 51 declared preempted by the Federal Arbitration Act (FAA). Chamber of Commerce of the...more

12/13/2019 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Mandatory Arbitration Clauses

Pay the Piper – California Employers Pressed To Pay Arbitration Fees Or Risk Harsh Consequences

California employers may face harsh consequences for failing to pay arbitration fees on time under a bill (Senate Bill 707) signed by Governor Gavin Newsom on October 13, 2019. The new law go into effect on January 1, 2020....more

10/21/2019 / Arbitration , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Governor Newsom

California Supreme Court Clarifies Discovery Under PAGA

Emphasizing the broad right of discovery and the remedial nature of the California Private Attorneys General Act of 2004, the California Supreme Court has ruled that, in pretrial discovery, plaintiffs under PAGA has a right...more

7/19/2017 / CA Supreme Court , Discovery , Employee Privacy Rights , Employer Liability Issues , Employment Litigation , Private Attorneys General Act (PAGA)

Scott Jang

Jackson Lewis P.C.

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