Cross Country Healthcare, Inc., a healthcare staffing company, believed that it had a “squeaky clean” Arbitration Agreement with its employees. ...more
7/9/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Confidentiality Agreements ,
Contract Disputes ,
Contract Terms ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Restrictive Covenants ,
Trade Secrets ,
Unconscionable Contracts
Less than a year ago, the California Supreme Court in Ramirez v. Charter Communications, Inc. opined, in the context of employment arbitration agreements, that there is no bright line rule that requires a court to refuse...more
The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments....more
4/1/2025
/ Appeals ,
Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Representatives ,
Dispute Resolution ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Litigation Strategies ,
Private Attorneys General Act (PAGA) ,
Split of Authority ,
State Labor Laws
Readers of this blog are, by now, aware of California’s judicial and legislative hostility toward arbitration. Over the last few months, however, employers have seen a surprising number of appellate victories in their...more
Prior to the United States Supreme Court’s decision in Viking River Cruises Inc. v. Moriana, California courts did not consider the components of a Private Attorneys General Act (“PAGA”) claim. ...more
2/20/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Representatives ,
Employees ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Viking River Cruises Inc v Moriana
Tell me if you have heard this one before: ten companies are sued by a former employee as “joint employers”, even though the employee technically worked for, and signed a binding arbitration agreement with, only one of them....more
2/12/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Dispute Resolution ,
Employment Contract ,
Employment Litigation ,
Equitable Estoppel ,
Estoppel ,
Joint Employers ,
Motion to Compel ,
Non-Signatories ,
Split of Authority
Since its enactment, California courts have universally established the California Code of Civil Procedure section 1281.97 et seq., which governs the timely payment of fees in arbitration, allows no room for error....more
7/31/2024
/ Appeals ,
Arbitration ,
Arbitration Fees ,
Breach of Duty ,
Cal Code of Civil Procedure ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Preemption ,
Safe Harbors ,
State Arbitration Acts ,
Statutory Deadlines ,
Statutory Interpretation
Over the past few years, this blog has followed the California Legislature’s concerted efforts to vitiate employment arbitrations in the state. Senate Bill 365 is the next in line....more
Employers throughout California have been keenly awaiting the final decision from the 9th Circuit Court of Appeals regarding the United States Chamber of Commerce’s challenge to California Labor Code section 432.6,...more
Businesses and attorneys alike have kept a close eye on the developments surrounding the challenge to California Assembly Bill 51 (now codified as Labor Code section 432.6). Most recently, in a 2-1 decision, the 9th Circuit...more
12/28/2021
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Federal Rules of Appellate Procedure ,
Mandatory Arbitration Clauses ,
Petition For Rehearing ,
Preemption ,
Preliminary Injunctions ,
State Labor Laws