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Appellate Courts › California › Arbitration Agreements

Proskauer - California Employment Law

When Headless PAGAs Attack!

Proskauer - California Employment Law on

As we reported here, a split in authority has developed in the California Court of Appeal regarding what to do when an employer moves to compel arbitration of a Private Attorneys General Act (PAGA) that is “headless”—that is,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appeals Court Decides PAGA Lawsuit Can’t Be Sent to Arbitration Without Individual Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on

A California court of appeal recently upheld a trial court’s ruling that rejected a sanitation company’s effort to compel arbitration of individual claims under California’s Private Attorneys General Act (PAGA), where the...more

K&L Gates LLP

California Court of Appeal Ends Headless PAGA Actions in Leeper v. Shipt

K&L Gates LLP on

The California Court of Appeal, Second Appellate District, in Leeper v. Shipt, Inc., No. B339670, 2024 WL 5251619 (Cal. Ct. App. Dec. 30, 2024) (Leeper) issued a significant decision benefiting employers seeking to enforce...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Proskauer - California Employment Law

January 2024 California Employment Law Notes

Proskauer - California Employment Law on

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Constangy, Brooks, Smith & Prophete, LLP

Appeals court shuts down CA’s efforts to ban mandatory arbitration for employees

Constangy, Brooks, Smith & Prophete, LLP on

The California legislature has expressed a steady animus toward arbitration agreements, particularly in the employment context. On multiple occasions, the legislature has passed laws restricting the use of arbitration...more

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