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
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
Since its enactment in 2019, Code of Civil Procedure 1281.98, which governs arbitration fee payments, has been inviolate: arbitrators do not have the unilateral power to extend the fee payment deadline; “checks in the mail”...more
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), a federal law, is unique for its role in overriding the policy in favor of the enforcement of arbitration agreements. The Act was...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
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
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
The saga of challenges to mandatory employment arbitration agreements is almost over. After three years of challenges, the United States Chamber of Commerce successfully appealed the enactment and enforcement of California’s...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
Private Attorneys General Act (“PAGA”) actions are the proverbial boogeyman to California employers. On June 15, 2022, the United States Supreme Court reined in some of this statute’s bite by holding that “aggrieved...more
Since the California Supreme Court’s ruling in Iskanian v. CLS Transportation Los Angeles, LLC in 2014, it has been widely understood that Private Attorneys’ General Act (“PAGA”) actions cannot be subject to employment...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
In a year of tough decisions for California employers, the Ninth Circuit just issued another mixed bag of legal decisions to navigate, this time regarding the enforceability of mandatory arbitration agreements.
CA Labor...more