Seyfarth Synopsis: The legal battles over Assembly Bill 51 (AB 51)—which attempts to prohibit mandatory employment arbitration agreements - continue. The Ninth Circuit heard the much anticipated oral arguments earlier this...more
Seyfarth Synopsis. On Thursday, September 5, 2019, the Legislature passed AB 51. This bill would ban mandatory arbitration agreements with respect to claims under the Labor Code and the Fair Employment and Housing Act while...more
10/11/2019
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Freelance Workers ,
Independent Contractors ,
Labor Code ,
Labor Regulations ,
Legislative Agendas ,
Pending Legislation ,
Preemption ,
Supremacy Clause
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
9/20/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Labor Code ,
Motion to Compel ,
Private Attorneys General Act (PAGA) ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: The California Supreme Court invalidated an employment arbitration agreement on August 29, 2019. At issue in OTO, LLC v. Kho was an agreement to arbitrate employment claims, including wage claims. Under the...more
9/11/2019
/ Arbitration ,
Arbitration Agreements ,
Berman Hearings ,
CA Supreme Court ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Fairness Standard ,
Federal Arbitration Act ,
Preemption ,
Unconscionable Contracts ,
Wage and Hour
Seyfarth Synopsis. Pending California legislation would make a mandatory arbitration agreement an unlawful practice under the Fair Employment and Housing Act, and a crime. How could that be consistent with the Federal...more
8/7/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Constitutional Challenges ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal v State Law Application ,
FEHA ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
Pending Legislation ,
Preemption ,
Supremacy Clause
Seyfarth Synopsis: Plaintiffs cannot circumvent arbitration agreements by characterizing claims for statutory damages as claims for civil penalties. The purported PAGA exemption from arbitration agreements applies only to...more
Many companies doing business in California have had difficulty persuading California courts to enforce their arbitration agreements. Those courts often have used the doctrine of unconscionability to deny enforcement on the...more
Many companies doing business in California have implemented arbitration agreements for resolving disputes with their employees. Companies headquartered in states other than California often prefer to use the law of their own...more