Employers have long been scrutinized for perceived unequal bargaining power when it comes to enforcement of company-drafted arbitration agreements. Indeed, both the California legislature and the courts have aimed to protect...more
7/15/2025
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Dispute Resolution ,
Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
False Statements ,
Human Resources Professionals
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
Until the United States Supreme Court’s decision in Viking River Cruises v. Moriana in 2022, California law had established that Private Attorneys General Act (“PAGA”) claims could not be subject to binding arbitration....more
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
In 2003, the California Supreme Court adopted a stringent test to determine whether an employer had waived its right to compel arbitration of an employee’s claims. The most critical, and often determinative, factor was...more
In August 2000, the California Supreme Court handed down a landmark ruling that changed the face of employment arbitration agreements going forward. That case, known as Armendariz v. Foundation Health Psychcare Services,...more
Arbitration agreements, at their core, are contracts. As with any contract, there must be “mutuality” or, more colloquially, a “meeting of the minds” on what the contract is intended to encompass. For this reason, employment...more
Despite its best efforts, the California Legislature has been unable to substantially curtail the popularity of employment arbitrations in California. The hostility to employment arbitration remains evident, however, among...more
The California Legislature has sought in recent years to expand the rights of employees in nearly every facet of business in California. Employer restrictions on an employee’s ability to work in the same industry after...more
Over the last few years, employers throughout the United States have enjoyed some measure of protection from former employees who signed severance agreements....more