News & Analysis as of

State Labor Laws Employment Litigation Mandatory Arbitration Clauses

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

[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

BakerHostetler

At Long Last, California District Court Permanently Enjoins Enforcement of AB 51

BakerHostetler on

There are times when one would rather not be proven right. Nearly four years ago, a California district court invalidated AB 51, which sought to prohibit mandatory arbitration by, among other things, calling for criminal...more

Lathrop GPM

California Federal Court Declares Arbitration Clause Unenforceable

Lathrop GPM on

In Munoz, v. Earthgrains Distribution, LLC, 2023 WL 5986129 (S.D. Cal. Sept. 13, 2023), the plaintiffs, members of a class of independent distributors of baked goods for Earthgrains and other bakeries, alleged that they were...more

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

Ninth Circuit Blocks California’s Ban on Mandatory Arbitration in Employment

On February 15, 2023, the Ninth Circuit Court of Appeals blocked a 2020 California law that attempted to prohibit employers from requiring employees and job applicants to agree to arbitration as a condition of employment. The...more

Genova Burns LLC

Timing is Everything: NJ Appellate Division Compels Arbitration of Employee’s Sex Harassment Claims

Genova Burns LLC on

On October 26, 2022, the New Jersey Appellate Division in Rourke v. Herr Foods, Inc. once again confirmed that the Federal Arbitration Act (FAA) preempts the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD)...more

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

Ninth Circuit Panel to Reconsider Decision Upholding California Mandatory Arbitration Ban

​​​​​​​The panel of the Ninth Circuit Court of Appeals that largely upheld California’s law banning mandatory arbitration agreements in the employment context just withdrew its decision. On August 22, 2022, two of the three...more

Hinshaw & Culbertson - Employment Law...

The 12 days of California Labor & Employment Series – Day 2: Failure to Timely Pay Arbitrator May Lose the Right to Arbitrate

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this second day of the holidays, my labor and employment...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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

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

In a split 2-1 decision that likely raises more questions than it answers, the Ninth Circuit Court of Appeals cast some doubt upon the ability of employers to implement mandatory arbitration agreements with their employees....more

Manatt, Phelps & Phillips, LLP

California Court Keeps AB 51 on Hold

The Chamber of Commerce and employer organizations convinced a federal court judge in California to halt enforcement of Assembly Bill 51, which was set to take effect January 1, 2020, and invalidate all agreements requiring...more

Fisher Phillips

Web Exclusive: January 2020: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Jackson Lewis P.C.

Court Hears Oral Argument On Challenges to AB 51, Orders Further Briefing, And Maintains Temporary Restraining Order

Jackson Lewis P.C. on

On January 10, 2020, the U.S. District Court for the Eastern District of California heard oral arguments on whether the court should enter a preliminary injunction preventing the State of California (State) from enforcing AB...more

Kelley Drye & Warren LLP

California Employers Forbidden to Require Employees to Agree to Arbitrate Certain Disputes

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On October 13, 2019, California Governor Gavin Newsom signed into law Assembly Bill 51 (“AB 51”). In a momentous upheaval of existing law, AB 51 prohibits California employers from requiring employees to agree to arbitrate...more

Farella Braun + Martel LLP

California’s New Ban on Mandatory Employment Arbitration: How We Got Here and What This Means

All employers should be aware that their use of mandatory employment arbitration agreements is prohibited in California effective January 1, 2020 under recently signed Assembly Bill No. 51 (AB 51). Under current California...more

Dorsey & Whitney LLP

New York Legislature Passes Sweeping Amendments to its Discrimination and Harassment and Pay Equity Laws

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Building in part on amendments passed last year, the New York State Legislature has passed legislation significantly broadening protections for employees. Governor Cuomo is expected to sign the amendments into law shortly....more

Seyfarth Shaw LLP

Court Holds That NY’s Prohibition of Arbitration Agreements Is Preempted by Federal Law

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Seyfarth Synopsis: A new decision in the Southern District of New York held that the N.Y. prohibition of mandatory, pre-dispute arbitration of sexual harassment claims is preempted by the Federal Arbitration Act....more

Fisher Phillips

Looking Ahead – California Legislature to Address Dynamex and a Host of New Employment Proposals

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February 22 was the last day to introduce new legislative proposals for the 2019 California legislative year. A whopping 2,576 bill were introduced before the deadline, making for an extremely busy legislative year ahead....more

Sheppard Mullin Richter & Hampton LLP

#MeToo Changes the Face of Sexual Harassment Litigation for Employers

With the rise of the #MeToo movement, companies have been forced to re-examine how they litigate and settle allegations of sexual harassment in the workplace. Specifically, companies are facing increasing criticism if they...more

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

Kentucky Supreme Court Rules FAA Does Not Protect Mandatory Employment Arbitration

In a surprise decision, the Supreme Court of Kentucky ruled on September 27, 2018, that the Federal Arbitration Act (FAA) does not protect employment arbitration agreements that are required as a condition of employment....more

Fisher Phillips

Kentucky Becomes First State To Prohibit Mandatory Arbitration As A Condition of Employment

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The Kentucky Supreme Court just outlawed mandatory arbitration agreements that require applicants or employees to sign if they want to be hired or remain employed, making the Bluegrass State the first in the nation to do so....more

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