Category Archives: Arbitration

California Employers Cannot Rely on PAGA Claim Waivers in Arbitration Agreements with Employees

California’s Private Attorneys General Act of 2004 (PAGA) permits an “aggrieved employee” to bring a private right of action against an employer to recover civil penalties for specifically enumerated violations of the California Labor Code. See Cal. Lab. Code §§ … Continue reading

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California Chamber of Commerce Announces “Job Killer” Bills of 2015

The California Chamber of Commerce has released its 2015 preliminary list of “job killer” bills. The list focuses on proposed measures currently pending before the California legislature that, if passed into law, the Chamber believes would have a negative impact … Continue reading

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SCOTUS Denies Hearing to Resolve Split Regarding Whether an Employee Must Arbitrate PAGA Claims

The U.S. Supreme Court recently declined to review the California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angeles, which held that arbitration provisions requiring employees to arbitrate representative actions pursuant to California’s Private Attorneys General Act of 2004 … Continue reading

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Representative Action Waiver and Non-Severability Provision Made Arbitration Agreement Unenforceable

On January 7, 2015, in Montano v. The Wet Seal Retail, Inc., 2015 WL 84677, —- Cal.Rptr.3d —-, the California Court of Appeal, held that an arbitration agreement is unenforceable when it waived statutory representative actions such as claims under … Continue reading

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Fifth Circuit Refuses To Enforce Arbitration Agreement In Employee Handbook

On January 25, 2012, the U.S. Court of Appeals for the Fifth Circuit affirmed the refusal of a district court to compel arbitration pursuant to an arbitration agreement contained in an employee handbook.  More after the break.

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California Court of Appeal Holds That AT&T Mobility Does Not Apply To PAGA Actions

In Brown v. Ralphs Grocery Co., a California Court of Appeal held that a class action waiver in an employment arbitration agreement was enforceable in a wage and hour class action.  The Court of Appeal held, however, that the United States … Continue reading

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Supreme Court Rules That Arbitration Agreement in Collective Bargaining Agreement is Enforceable

In 14 Penn Plaza, LLC v. Pyett, the U.S. Supreme Court held yesterday that “[a] provision in a collective-bargaining agreement that clearly and unmistakably requires union members to arbitrate ADEA claims is enforceable as a matter of federal law.”  A … Continue reading

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Malicious Prosecution Claims Not Subject To Arbitration Agreement

The Supreme Court of Virginia found that an employment arbitration agreement did not cover a post-employment malicious prosecution action in Dillard’s Inc. v. Carol West Judkins and Dillard’s, Inc. v. Sabrina Dewalt.  A copy of the opinion in here.

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Study Regarding Employment Arbitration Outcomes Released

The Workplace Prof Blog discusses a recent study regarding outcomes in employment arbitrations.  Previous posts on this topic at this blog are here, here and here.  The author notes an increase in the number of arbitrations over the years since … Continue reading

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WSJ Article on Arbitration of Employment Disputes

For those interested in our prior post on arbitration of employment disputes (Who Wins More In Arbitration?), the WSJ had an article yesterday on this topic.  The WSJ Law Blog also has a follow-up post with extensive commentary here.  The … Continue reading

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Who Wins More In Arbitration?

We questioned earlier whether arbitration of employment disputes would be coming to an end soon.  (What is the future of arbitration?)  Perhaps we announced the death-knell of employment arbitrations too soon.  Overlawyered reports here on the win rates in arbitration … Continue reading

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What is the future of arbitration?

Will arbitration soon be banned for employment disputes?  There appears to be a perfect storm converging in the area of arbitration.  The Wall Street Journal’s Law Blog asks today, “Is arbitration the new litigation?”  Referring to a positive article on arbitration … Continue reading

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