On Feb. 15, 2023, the Ninth Circuit in Chamber of Commerce v. Bonta issued its ruling on the ongoing question of Assembly Bill (AB) 51’s enforceability in relation to arbitration
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How Unions Could Stem Possible Wave Of Calif. PAGA Claims
The U.S. Supreme Court’s 2022 ruling in Viking River Cruises v. Moriana gave California employers a brief reprieve from the onslaught of nonarbitrable Private Attorneys General Act claims.
Before then
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Supreme Court Holds Waiving Arbitration Does Not Require Proof of Prejudice
In Morgan v. Sundance, Inc., the U.S. Supreme Court resolved a circuit split regarding whether a party has waived its right to arbitrate. Under the test reviewed by the
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GT’s The Performance Review Podcast Episode 4: To Arbitrate Or Not… And How? And Why?
In Episode 4, hosts Ryan Bykerk and Philip Person discuss all things arbitration with Amir Vonsover, head of Global Employment & Ethics at eBay.
Listen to episode 4 of GT’s
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Supreme Court Holds That Employer Sponsored Arbitration Programs do not Violate National Labor Relations Act
On May 21, 2018, in a 5-4 decision, the United States Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis, 584 U.S. ____ (2018), holding that
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The DOJ’s Evolving View of the Interplay Between the Federal Arbitration Act and the National Labor Relations Act
Employers in the gaming and hospitality arena are eagerly awaiting the results of the upcoming changes to the legal landscape that are expected to emerge from a business-oriented administration. These
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Ninth Circuit Court of Appeals Widens Circuit Split as to Class Action Waivers in Employee Arbitration Agreements
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
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Split California Supreme Court Holds that without Express Agreement, Classwide Arbitrability is not a ‘Gateway Issue’ that must be Decided by the Court
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
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Class Act: Supreme Court Invalidates State Court Rule Requiring Class 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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The End of Class Arbitration?
Many employers require that employees agree in writing to arbitrate any disputes that may arise in connection with their employment. The reason is simple: arbitrating employment disputes usually is less
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