In a decision likely to have significant ramifications for employers, a divided panel of the Ninth Circuit Court of Appeals ruled last week that employers cannot require employees to individually
Continue Reading Ninth Circuit Court of Appeals Widens Circuit Split as to Class Action Waivers in Employee Arbitration Agreements
Arbitration
Split California Supreme Court Holds that without Express Agreement, Classwide Arbitrability is not a ‘Gateway Issue’ that must be Decided by the Court
By Jeff E. Scott, Adil M. Khan & Rob Herrington on
Posted in Arbitration, Litigation
In a 4-3 decision, the California Supreme Court recently determined that the question of “who decides whether [an arbitration] agreement permits or prohibits classwide arbitration” is not subject to a…
Continue Reading Split California Supreme Court Holds that without Express Agreement, Classwide Arbitrability is not a ‘Gateway Issue’ that must be Decided by the Court
Silence Can Be a Good Thing for Employers – Another Installment in the Saga of Wage and Hour Class Actions and Arbitration in California
By James Nelson on
Posted in Arbitration, Wage & Hour
A California appellate court has ruled that where an arbitration agreement compels arbitration of employment claims but is silent on whether class actions are authorized, the trial court wrongly compelled the employer to participate in a wage and hour class arbitration. …
Continue Reading Silence Can Be a Good Thing for Employers – Another Installment in the Saga of Wage and Hour Class Actions and Arbitration in California
Supreme Court Vacates California Ruling on Arbitration Agreements
Does an employee have the right to proceed before the California Labor Commission after signing an agreement to arbitrate all claims? That is a question the California Supreme Court will…
Continue Reading Supreme Court Vacates California Ruling on Arbitration Agreements
Class Act: Supreme Court Invalidates State Court Rule Requiring Class Arbitration
Posted in Arbitration
Today, the U.S. Supreme Court again tackled the thorny issue of arbitration in light of the Federal Arbitration Act and struck down a California rule that effectively invalidated arbitration agreements that prevented class actions.
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Continue Reading Class Act: Supreme Court Invalidates State Court Rule Requiring Class Arbitration