Jared Slater

Ervin Cohen & Jessup LLP

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Employers May Now Obtain Equitable Relief for Untimely Arbitration Payments

After years of appellate cases and several rulings holding California employers to the very strict payment standards of the California Arbitration Act (CAA), the California Supreme Court has, for the first time, addressed...more

8/20/2025 / Arbitration , Arbitration Agreements , Arbitration Fees , CA Supreme Court , Cal Code of Civil Procedure , Dispute Resolution , Equitable Relief , Federal Arbitration Act , Fees , Late Payments , Preemption , Remand , State Arbitration Acts , Statutory Interpretation , Stays

Employers Beware: Lessons from Sanders v. Superior Court of Los Angeles County

In the recent decision in Sanders v. Superior Court of Los Angeles County, the California Court of Appeal reinforced the consequences for employers who fail to timely pay arbitration fees in employment disputes....more

6/10/2025 / Arbitration , Arbitration Agreements , Arbitration Fees , Class Action , Employer Responsibilities , Employment Litigation , Federal Arbitration Act , Preemption , Private Attorneys General Act (PAGA) , Putative Class Actions , Wage and Hour

Arbitration Fee Payment Statute Does Not Apply To Post-Dispute Arbitration Agreements

There is no greater threat to an employment arbitration than Code of Civil Procedure section 1281.98, which mandates that the party who drafted the arbitration agreement pay the fees and costs of the arbitration within 30...more

2/27/2025 / Arbitration , Arbitration Agreements , Arbitration Fees , California , Dispute Resolution , Employee Rights , Employment Contract , Employment Litigation

The Battle for Supremacy: Federal Arbitration Act v. California Arbitration Act

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

California Court of Appeals Reinforces Strict Limits on Arbitration Fee Payment Deadline

The California Court of Appeals recently revisited the issue of the draconian deadline for paying arbitration fees established by California Code of Civil Procedure section 1281.97. In Suarez v. Superior Court of San Diego...more

2/20/2024 / Arbitration , Arbitration Fees , Binding Arbitration , Cal Code of Civil Procedure , California , Grace Period , Litigation Fees & Costs

When Substantial Compliance Is Not Enough: A Cautionary Ruling For Employment Arbitration Actions

Since its enactment in 2020, employers have been forced to be mindful of the burdensome imposition of Code of Civil Procedure section 1281.97 et seq., which requires an employer to pay the full amount of arbitration fees...more

11/28/2022 / Arbitration , Arbitration Fees , Deadlines , Employer Responsibilities , Employment Litigation , Rules of Civil Procedure , Substantial Compliance

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