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Employment Contract › Federal Arbitration Act › Employer Liability Issues

FordHarrison

New Jersey Judge Interprets EFAA As Requiring Employment Claims to Be Split Into Two Forums

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Real World Impact: A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s...more

Seyfarth Shaw LLP

No Arbitration Even If Only One Claim Is Covered By EFAA

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Seyfarth Synopsis: The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) renders arbitration agreements unenforceable with regard to claims of sexual assault and sexual harassment....more

Seyfarth Shaw LLP

Effecting The EFAA: California Appellate Courts Make It Harder To Enforce Arbitration Agreements In Cases Alleging Sexual Assault...

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Seyfarth Synopsis: In line with recent anti-arbitration trends, the California Court of Appeal recently decided two cases – Doe v. Second Street Corp. and Liu v. Miniso Depot CA, Inc. – that apply the federal Ending Forced...more

Miller Nash LLP

April and May Showered Employers with Legal Developments Locally and Nationwide

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April and early May have been busy times for employment practitioners. From noncompete bans to agencies issuing new gender discrimination guidance, the spring “showers” of laws and regulations and court decisions discussed...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

Holland & Knight LLP

U.S. Supreme Court Hears Argument on Arbitration Exemption for Food Delivery Drivers

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The U.S. Supreme Court heard oral argument on Feb. 20, 2024, on whether food distributors are exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA), governing "contracts of employment of seamen,...more

Genova Burns LLC

Ending Forced Arbitration of Sexual Harassment, Not Discrimination

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Arbitration agreements are a powerful tool used by many employers to compel the utilization of arbitration as a means of alternative dispute resolution. Arbitration allows the parties of a claim to resolve the dispute...more

Epstein Becker & Green

Ninth Circuit Rules Domino’s Truck Drivers Exempt from FAA

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On July 21, 2023, a unanimous three-judge panel once again affirmed a California federal court’s ruling that the truck drivers who deliver ingredients from Domino’s Southern California Supply Chain Center to Domino’s...more

Bradley Arant Boult Cummings LLP

Not Interstate? You Must Arbitrate – Third Circuit Rules Uber Drivers Don’t Meet FAA Exception

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Can you require your workers to arbitrate claims? What if they work in interstate commerce? Recently several courts have addressed the scope of the Federal Arbitration Act (FAA) and when it applies to arbitration agreements...more

Meyers Nave

Ninth Circuit Blocks California’s AB 51, Reopening the Door for Mandatory Employment Arbitration

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Mandatory Arbitration is Alive and Well - A big win for California employers was announced February 15, 2023, when the Ninth Circuit Court of Appeals in Chamber of Commerce of the United States of America v. Bonta found...more

Venable LLP

Ninth Circuit Puts Mandatory Employment Arbitration Agreements Back on the Menu

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Once again, the California legislature's attempt to kneecap arbitration agreements in the employment arena has been swept aside by a federal court. As of February 15, 2023, California employers may continue to require...more

Ballard Spahr LLP

Southern District of New York Finds Employment Arbitration Agreement Unenforceable

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On February 24, 2023 the United States District Court for the Southern District of New York held that a former employee’s arbitration agreement with his former employer was unenforceable under the Ending Forced Arbitration of...more

McDermott Will & Emery

Ninth Circuit Holds That California AB 51 Is Preempted by the FAA

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As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a...more

Davis Wright Tremaine LLP

9th Circuit Strikes California Mandatory Arbitration Ban

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On February 15, 2023, a split 9th Circuit panel held that California's ban on mandatory arbitration agreements is preempted by federal law. This closely watched decision allows employers to require employees to enter into...more

Payne & Fears

Employers May Require Arbitration Agreements as Condition of Employment, Federal Appeals Court Holds

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After more than three years of litigation, the Ninth Circuit has held that AB 51, California’s attempt to ban mandatory employment arbitration agreements, is unenforceable....more

Stokes Wagner

California Employers May Require Arbitration Agreements as a Condition of Employment

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Avid readers of Stokes Wagner’s legal updates may be familiar with California’s Assembly Bill 51, a law that, until very recently, prohibited California employers from requiring employees or job applicants to sign arbitration...more

Quarles & Brady LLP

Ninth Circuit Strikes Down California's Law Outlawing Mandatory Arbitration Agreements

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On February 15, 2023, the United States Court of Appeals for the Ninth Circuit issued its decision in Chamber of Commerce of the United States of America, et al. v. Bonta, et al. In this decision, the Ninth Circuit found...more

Littler

Ninth Circuit Allows Enforcement of Employment Arbitration Agreements in California

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In a significant win for California employers, the Ninth Circuit Court of Appeals, in Chamber of Commerce v. Bonta,1 affirmed a district court injunction striking down California Assembly Bill 51 (“AB 51”) as preempted by the...more

CDF Labor Law LLP

Ninth Circuit Delivers Employers a Valentine – Blocks California’s Bar to Mandatory Employment Arbitration Agreements

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The Ninth Circuit gave California employers a belated Valentine’s Day present by upholding the District Court’s injunction against enforcement of California Assembly Bill 51 (“AB 51”) because it inhibited arbitration contrary...more

Kilpatrick

Ninth Circuit Holds that AB 51 is Preempted

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On February 15, 2023, the U.S. Court of Appeals for the Ninth Circuit ruled in Chamber of Commerce v. Bonta that California’s Assembly Bill 51 (“AB 51”) is preempted by the Federal Arbitration Act. After two failed attempts...more

Jackson Lewis P.C.

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

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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

Seyfarth Shaw LLP

Ninth Circuit Rehearing Suggests a FAArewell to California’s Arbitration Prohibition

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Seyfarth Synopsis: A divided Ninth Circuit Court of Appeals panel has ruled that the Federal Arbitration Act (FAA) preempts California Assembly Bill 51 (AB 51), which purports to prohibit employers from requiring job...more

Epstein Becker & Green

Ninth Circuit Holds California Mandatory Employment Arbitration Ban Is Invalid

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The Ninth Circuit has issued its long-awaited ruling in Chamber of Commerce v. Bonta, perhaps putting a nail in the coffin of the controversial California law known as AB 51, which would have made it criminal conduct to...more

Miller Nash LLP

Washington Court of Appeals Voids Class Action Waivers in Some Wage and Hour Claims

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In a recently published decision, the Washington Court of Appeals declared class action waivers in certain employment agreements unenforceable. In Oakley v. Domino’s Pizza, LLC, plaintiff Oakley brought claims under the...more

CDF Labor Law LLP

CA Court of Appeal Upholds Arbitration Agreement Under FAA Preemption

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Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the...more

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