Jared Slater on Mandatory Arbitration Clauses

Single Sexual Harassment Claim Eliminates Arbitration of All Employment-Related Claims in the Same Case

In 2022, Congress enacted the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (the “Act”) which provides that, at the election of the person alleging conduct constituting a sexual harassment dispute or...more

12/31/2024 / Arbitration , Arbitration Agreements , Employment Contract , Mandatory Arbitration Clauses , Sexual Assault , Sexual Harassment

“Prejudice” No Longer an Element to Determine Waiver of Right to Compel Arbitration

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

12/20/2024 / Arbitration , CA Supreme Court , Contract Terms , Employment Contract , Employment Litigation , Federal Arbitration Act , Mandatory Arbitration Clauses , Motion to Compel , Prejudice

Previous Arbitration Agreements Are Potentially Unenforceable Against Re-Hired Employees

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

4/26/2024 / Arbitration , Arbitration Agreements , Class Action , Contract Termination , Contract Terms , Employment Litigation , Mandatory Arbitration Clauses , Motion to Compel , Private Attorneys General Act (PAGA) , Unenforceable Contract Terms

Appealing A Petition to Compel Arbitration Ruling No Longer Automatically Stays Superior Court Proceedings

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

11/28/2023 / Amended Legislation , Appeals , Arbitration , Automatic Stay , Cal Code of Civil Procedure , Employment Litigation , Mandatory Arbitration Clauses , Stays

Arbitration Agreements Can Be A Condition of Employment Once Again

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

2/20/2023 / Arbitration , Arbitration Agreements , Employment Contract , Federal Arbitration Act , Mandatory Arbitration Clauses

Update: Challenge to California’s Arbitration Agreement Law Marches On

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

8/30/2022 / Appeals , Arbitration , Arbitration Agreements , Chamber of Commerce , Employment Contract , Federal Arbitration Act , Mandatory Arbitration Clauses , State Labor Laws , Viking River Cruises Inc v Moriana

Supreme Court Hears Oral Argument on Arbitrability of California's Private Attorneys’ General Act Under Federal Arbitration Act

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

4/4/2022 / Arbitration , Arbitration Agreements , Employment Contract , Federal Arbitration Act , Iskanian v CLS Transportation , Mandatory Arbitration , Mandatory Arbitration Clauses , Private Attorneys General Act (PAGA) , SCOTUS , State Labor Laws

Mandatory Arbitration Agreements in California: Down, But Possibly Not Out

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

Jared Slater

Ervin Cohen & Jessup LLP

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