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Arbitration Agreements Appeals California

Sheppard Mullin Richter & Hampton LLP

California Courts Greatly Expand Scope of “Ending Forced Arbitration of Sexual Harassment Act”

Two recent decisions from the California Courts of Appeal could have massive ramifications for employers seeking to enforce arbitration agreements. Specifically, each court each held that the Ending Forced Arbitration of...more

Payne & Fears

July 2024 Case Summaries

Payne & Fears on

Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

Proskauer - California Employment Law

“Dispute” Does Not Exist Under Ending Forced Arbitration Act Until Employee Asserts A Claim Or Demand

Kader v. Southern Cal. Med. Ctr., Inc., 99 Cal. App. 5th 214 (2024) - The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (9 U.S.C. §§ 401, et seq.) became effective on March 3, 2022. A “statutory...more

Proskauer - California Employment Law

Employees Lose on PAGA Claims in Court Following Loss in Arbitration

Earlier this month, the California Court of Appeal (2d Dist.) ruled that issue preclusion bars a derivative Private Attorneys General Act (PAGA) claim where the plaintiff litigates individual Labor Code claims in arbitration...more

Smith Gambrell Russell

Court of Appeals Blocks California’s Ban On Employment Arbitration Agreements

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In a recent decision that is good news for California employers, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s ruling striking down California Assembly Bill 51 (“AB 51”) as preempted by the...more

Perkins Coie

Time To Update Arbitration Agreements—Mandatory Arbitration Is Again Permissible in California

Perkins Coie on

California employers with employees and job applicants subject to the Federal Arbitration Act (FAA) can once again require such individuals to sign arbitration agreements as a condition of employment. On February 15,...more

Foley & Lardner LLP

Mandatory Arbitration Lives on in California: Ninth Circuit Strikes Down AB 51

Foley & Lardner LLP on

Mandatory arbitration agreements have been the subject of considerable litigation in California. As we previously reported, much of this discord stems from 2019’s Assembly Bill 51 (AB 51), which broadly prohibited employers...more

Fenwick & West LLP

Ninth Circuit Panel Rules That AB 51 Is Preempted by Federal Law and Unenforceable

Fenwick & West LLP on

On the heels of more than three years of legal challenges (summarized here) to California’s AB 51, which prohibits employers from requiring employees to arbitrate disputes under the state’s Labor Code and Fair Employment and...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Grants Review in Important Arbitration Case Regarding PAGA

On December 15, 2021, the United States Supreme Court granted certiorari in Viking River Cruises, Inc. v. Moriana, a case which asks whether the Federal Arbitration Act (“FAA”) requires the enforcement of bilateral...more

ArentFox Schiff

Ninth Circuit Upholds Portions of California Law Prohibiting the Use of Mandatory Employment Arbitration Agreements

ArentFox Schiff on

The Ninth Circuit Court of Appeals has vacated a preliminary injunction issued in January 2020 that prohibited California from enforcing Assembly Bill 51 (“AB 51”), which barred employers from requiring employees to sign...more

Fenwick & West LLP

9th Circuit: Core Provisions of California’s AB 51 Are Not Preempted by Federal Law

Fenwick & West LLP on

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has issued its long-awaited ruling on the appeal of a California trial court’s injunction that prohibited the State of California from enforcing AB 51,...more

Payne & Fears

California Appellate Court Issues Guidance on Enforcing Arbitration Agreements

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While much of the world came to a halt in response to the coronavirus pandemic, the California Courts of Appeal were busy issuing important decisions on the enforceability of arbitration clauses. As the economy starts to...more

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