News & Analysis as of

Motion to Compel Wage and Hour Arbitration Agreements

Carlton Fields

Federal Court Rejects Argument That Subsequent Opt-Out of Arbitration Clause Precluded Arbitration

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The U.S. District Court for the Northern District of Illinois has rejected an argument that opting out of arbitration clauses precluded arbitration under prior arbitration agreements in a dispute between Uber drivers and...more

Seyfarth Shaw LLP

PAGA Paraphrased – DeMarinis v. Heritage Bank of Commerce

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Seyfarth Synopsis: The first reported PAGA case of 2024 serves as a reminder of the importance of precise language for an enforceable PAGA waiver and the risks of including a “poison pill” provision in a...more

Carlton Fields

SDNY Grants Motion to Compel Arbitration of Employee’s Discrimination and Retaliation Claims

Carlton Fields on

In Marino v. CVS Health, the U.S. District Court for the Southern District of New York found defendant CVS Health’s “arbitration of workplace legal disputes policy” and related arbitration agreement compelled arbitration of...more

Seyfarth Shaw LLP

The Long And Winding Road: Ninth Circuit Exempts Last-Leg Drivers From Arbitration Under The Federal Arbitration Act

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Seyfarth Synopsis: The Ninth Circuit recently extended the scope of which transportation workers are exempt from arbitration under the Federal Arbitration Act (“FAA”). In Carmona Mendoza v. Domino’s Pizza, LLC, – F.4th –,...more

Fox Rothschild LLP

When Employees Sue, You may Wish They had Signed Their Arbitration Agreements by Hand

Fox Rothschild LLP on

Hand-signed arbitration agreements will be easier for employers to enforce in light of a recent California Court of Appeal ruling. Declarations from former employees claiming they “do not recall” having signed their...more

CDF Labor Law LLP

CA Court of Appeal Upholds Arbitration Agreement Under FAA Preemption

CDF Labor Law LLP on

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

Littler

Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision

Littler on

On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration.  The court concluded that...more

Dickinson Wright

Don’t Delay, Arbitrate Today—Supreme Court Removes Requirement To Demonstrate Prejudice In Asserting Waiver Of Right To...

Dickinson Wright on

Employers who wish to arbitrate disputes with their employees should assert the right to arbitrate promptly—a recent Supreme Court decision has made it easier for employees to show that an employer’s delay constitutes a...more

Smith Anderson

Does the Federal Arbitration Act Favor Arbitration?

Smith Anderson on

A recent decision of the United States Supreme Court addressed a circuit split regarding the propriety of arbitration-specific procedural rules. In support of adopting such rules, nine of the eleven federal circuits...more

Locke Lord LLP

Supreme Court Clarifies Arbitration ‎Waiver Test

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The United States Supreme Court’s recent decision in Morgan v. Sundance eliminates a longstanding rule requiring a plaintiff to establish they would be prejudiced by arbitration to prevail when arguing that a defendant waived...more

Burr & Forman

SCOTUS: Waiver of Arbitration Does Not Require Prejudice

Burr & Forman on

A unanimous Supreme Court held May 23 that a party’s waiver of its arbitration right does not require showing prejudice to an opposing party, because the Federal Arbitration Act (“FAA”) prohibits arbitration-specific rules....more

Bradley Arant Boult Cummings LLP

SCOTUS Smacks Down “Bespoke” Arbitration-Preferring Rules, Does Away with Prejudice Requirement in Waiver Analysis

If you have an arbitration agreement, do you have to compel arbitration when the lawsuit is filed or can you wait awhile? This week, the Supreme Court concluded that a party litigating in federal court cannot later compel...more

Constangy, Brooks, Smith & Prophete, LLP

Delay didn't defeat employer's right to arbitrate, CA appeals court says

A pleasant surprise for employers. A California appeals court ruled last week that an employer did not waive its right to arbitration -- despite the fact that the parties had been in litigation for more than 13 months...more

CDF Labor Law LLP

Unpublished California Opinion Did Not Authorize Arbitration Over Threshold Issue of Independent Contractor or Employee in a PAGA...

CDF Labor Law LLP on

A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action.  Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Independent or Intertwined?

This week, the Ninth Circuit simultaneously issued two decisions addressing the circumstances in which equitable estoppel can require a plaintiff to arbitrate a claim absent an arbitration agreement with the defendant. In the...more

Sheppard Mullin Richter & Hampton LLP

Delaying Enforcement of Arbitration Agreements May Lead to Undesirable Consequences

In Garcia v. Haralambos Beverage Co., the California Court of Appeal embraced the adage “time kills all deals” to conclude that an employer waived its right to arbitrate the wage-hour claims at issue in the case by, among...more

Zuckerman Spaeder LLP

Be Careful What You Wish For: DoorDash Must Arbitrate Thousands of Wage Claims

Zuckerman Spaeder LLP on

Many employers strongly prefer arbitration to litigating with their employees in court. Employers often believe—and the Supreme Court has agreed—that arbitration of employment disputes has many benefits, including potential...more

Payne & Fears

Key California Employment Law Cases: December 2019

Payne & Fears on

This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more

Epstein Becker & Green

Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act

Epstein Becker & Green on

On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more

Payne & Fears

Key California Employment Law Cases: September 2019

Payne & Fears on

ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

Payne & Fears

Key California Employment Law Cases: August 2019

Payne & Fears on

OTO, L.L.C. v. Kho, 8 Cal. 5th 111, 251 Cal. Rptr. 3d 714 (2019) - Summary:  Mandatory arbitration agreement may be unenforceable against employee wage claims if agreement requires employee to forego Labor Commissioner...more

Lewitt Hackman

“No More Arbitration for You!” – Part 2

Lewitt Hackman on

In our previous blog we wrote about California’s Assembly Bill 51, which largely impacts arbitration agreements by prohibiting employers from requiring employees or applicants for employment to agree to arbitrate claims for...more

Littler

California Supreme Court Rules that the “Underpaid Wages” Component of Labor Code Section 558 is Not a Civil Penalty under PAGA

Littler on

In ZB, N.A. v. Superior Court of San Diego County (Lawson), the California Supreme Court held that unpaid wages are not civil penalties under California Labor Code section 558 and are therefore outside the reach of...more

Seyfarth Shaw LLP

PAGA Claims Limited to Recovery of Civil Penalties

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Seyfarth Synopsis: The California Supreme Court has held that an individual may not seek unpaid wages under Labor Code section 558. Section 558 can be invoked only by the Labor Commissioner or by an individual suing under...more

Payne & Fears

California Supreme Court Casts Doubt on Arbitration Agreements that Require Civil Litigation Procedures for Wage Claims

Payne & Fears on

On August 29, 2019, the California Supreme Court held in OTO, L.L.C. v. Kho, S244630, that a mandatory arbitration agreement may be unenforceable against employee wage claims if it requires the employee to forego the “Berman”...more

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