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Arbitration Agreements Employment Litigation Employer Liability Issues

Esquire Deposition Solutions, LLC

How Many Depositions Are Enough?

Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...more

CDF Labor Law LLP

Implications of Mahram v. The Kroger Co.: A Closer Look at Arbitration Agreements

CDF Labor Law LLP on

In a recent legal dispute, Mahram v. The Kroger Co., a California Court of Appeal delivered a decision that may have implications for employment arbitration agreements. Although the case at hand involved a consumer...more

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

California Appellate Decision Raises New Considerations for Arbitration Agreements

A California appellate court recently denied a motion to compel arbitration, finding the agreement unconscionable in part because it (1) applied to all claims rather than just those arising from employment, (2) was unlimited...more

ArentFox Schiff

Soltero v. Precise Distribution, Inc.: Key Takeaways for Employers Relying on Arbitration Agreements for Temporary Workers

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Employers supplementing their workforce with temporary workers may be out of luck if they wish to rely on arbitration agreements between the temporary helper and the staffing provider. The California Court of Appeal, Fourth...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Finds Shipping Warehouse Employee Qualified as Exempt “Transportation Worker” Under the Federal Arbitration Act

On March 12, 2024, the Ninth Circuit published a decision in Ortiz v. Randstad Inhouse Services, LLC, holding that the Plaintiff Adan Ortiz (“Plaintiff”) qualified as a “transportation worker” under the Federal Arbitration...more

CDF Labor Law LLP

Significant PAGA Reform on the Horizon: What Employers Need to Know (and Do) to Protect Themselves

CDF Labor Law LLP on

On June 17, labor and business groups reached an agreement with California Governor Newsom to reform California’s Private Attorneys General Act (PAGA). A summary of the deal was announced the following day.  The proposed...more

Miles Mediation & Arbitration

Arbitrability of Sexual Harassment and Sexual Discrimination Cases: Litigating in an Alternative Universe

It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more

CDF Labor Law LLP

Importance of FAA in California Employment Arbitration Agreements Underscored

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Employers may be able to breathe a sigh of relief as a California Court of Appeal concluded that the Federal Arbitration Act (“FAA”) preempts state law that allowed employees to wriggle out of arbitration and win thousands of...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Rules That Only Individual PAGA Claims Can Be Compelled to Arbitration

On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macy’s West Stores, after the employer appealed the district court’s decision ordering arbitration of both an employee’s individual and non-individual claims under...more

CDF Labor Law LLP

[Webinar] California Arbitration Agreements: Clarity Amid Complexity - May 23rd, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

Arbitration agreements are useful tools for California employers, but they are replete with potential dangers. An employer contemplating using arbitration in the workplace must evaluate whether it should be mandatory, the...more

Locke Lord LLP

Supreme Court FAA Decision Creates Even More Questions About Independent ‎Contractors and Arbitration: April 2024 IC Legal News...

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Is an independent food distributor exempt from an arbitration agreement under the interstate transportation worker exemption in the Federal Arbitration Act (FAA)? That was the question that the U.S. Supreme Court addressed in...more

Epstein Becker & Green

#WorkforceWednesday: Avoiding Legal Illusions - Crafting Effective Arbitration Agreements - Employment Law This Week®

This week, we’re diving into arbitration agreements and learning some best practices for employers when crafting these agreements: Employers often include arbitration agreements in their onboarding and other employee...more

Littler

Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial...

Littler on

Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC, that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond...more

Vedder Price

Delivering the Goods:  The Exemption from Arbitration Focuses on the Worker, Not the Industry

Vedder Price on

On April 12, 2024, the U.S. Supreme Court, in a unanimous decision, held that transportation workers need not work in the transportation industry to be exempt from coverage under section 1 of the Federal Arbitration Act...more

ArentFox Schiff

ArentFox Schiff's 2023 Class Action Year in Review

ArentFox Schiff on

ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Applies Adolph, Vacating Lower Court’s Dismissal of Employee’s Nonindividual PAGA Claims

On February 12, 2024, the Ninth Circuit in Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) vacated a district court’s dismissal of a former employee’s nonindividual PAGA claims and remanded the nonindividual...more

Stikeman Elliott LLP

Meal Delivery Service’s Mandatory Arbitration Clause for Couriers Unconscionable: Manitoba Court of Appeal

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The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class...more

Falcon Rappaport & Berkman LLP

Navigating the Challenges of California’s PAGA Law: Insights for Employers

California’s Private Attorneys’ General Act, or PAGA, just celebrated its 20th birthday despite repeated, failed attempts at its repeal. California’s Labor Code is among the strictest in the nation and California law affords...more

CDF Labor Law LLP

SCOTUS Set To Weigh In On Whether Courts May Dismiss Actions That Are Referred To Arbitration

CDF Labor Law LLP on

CDF Wage and Hour Task Force – Monthly Blog - Enforceable arbitration agreements continue to provide California employers who are faced with wage and hour claims with significant benefits....more

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

The Data Is In - California Class Action and PAGA Filings to Hit New Highs

New class action and California Private Attorneys General Act (PAGA) filings have grown exponentially in recent years and reached record numbers in 2023. This trend is raising concerns for California employers as the state...more

Sheppard Mullin Richter & Hampton LLP

Looking Ahead: New California Employment Laws for 2024

In the past few months, California Governor Newsom has signed numerous new employment laws affecting California employers of all sizes. Below is a summary of some of the laws going into effect in 2024....more

CDF Labor Law LLP

Failure to Disclose Arbitration Agreement In Visa Petition May Nullify Agreement

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In early 2020, Alco Harvesting, LLC hired Jesus Guzman, a citizen of Mexico, to perform agricultural work in Santa Maria under the H-2A visa program. The H-2A visa program allows employers to hire foreign nationals to engage...more

Carlton Fields

Eleventh Circuit Affirms Order Compelling Arbitration of Discrimination Claims, Rejects Argument That Arbitration Agreement Was...

Carlton Fields on

In Payne v. Savannah College of Art and Design Inc., the Eleventh Circuit Court of Appeals affirmed a district court order denying a motion to compel arbitration of plaintiff Isaac Payne’s discrimination-based claims. The...more

CDF Labor Law LLP

[Webinar] When to Arbitrate PAGA Claims: Insights from Adolph v. Uber - September 26th, 10:00 am - 11:15 am PT

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Join us on September 26 for a comprehensive webinar hosted by CDF as we delve into the crucial subject of arbitrating PAGA claims, exploring its implications following the California Supreme Court's landmark decision in...more

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