After more than three years of litigation, the Ninth Circuit has held that AB 51, California’s attempt to ban mandatory employment arbitration agreements, is unenforceable....more
DePuy Synthes Sales Inc. v. Howmedica Osteonics Corp., 28 F.4th 956 (9th Cir. 2022) -
Summary: Motion to transfer venue was properly denied where forum-selection clause in employment agreement was void under California...more
This morning, in its decision in Chamber of Commerce v. Bonta, No. 20-15291, the Ninth Circuit Court of Appeals vacated a January 2020 preliminary injunction against enforcement of AB 51, a 2019 California law effectively...more
Robinson v. Southern Counties Oil Co, 53 Cal. App. 5th 476 (2020) -
Summary: Res judicata bars a PAGA claim when the employer has already settled a separate PAGA claim covering the same claims and time period.
An...more
9/22/2020
/ Amended Rules ,
Appeals ,
Class Action ,
Class Certification ,
Commonality ,
Employee Handbooks ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
FRCP 23 ,
Mandatory Arbitration Clauses ,
Private Attorneys General Act (PAGA) ,
Res Judicata ,
Reversal ,
Standing
The National Labor Relations Board (“NLRB” or “Board”) has recently issued a half-dozen decisions addressing the lawfulness of employee arbitration agreements. Employers should not ignore this body of law, which applies to...more
8/12/2020
/ Arbitration Agreements ,
Contract Drafting ,
Corporate Counsel ,
Employee Handbooks ,
Employee Rights ,
Employment Contract ,
NLRA ,
NLRB ,
Non-Union ,
Reversible Error ,
Risk Assessment ,
Risk Mitigation ,
Savings Clause ,
Unfair Labor Practices ,
Union Membership ,
Waiver of Rights
Betancourt v. OS Rest. Servs., LLC, No. B293625, 2020 WL 2570839 (Cal. Ct. App. Apr. 30, 2020) -
Summary: A plaintiff is not entitled to recover penalties for waiting time and wage statement violations based on claims of...more
6/9/2020
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Equitable Estoppel ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Third-Party Beneficiaries ,
Unpaid Wages ,
Wage and Hour
On January 31, 2020, Judge Kimberly Mueller issued a preliminary injunction "in full" preventing the State of California from enforcing AB 51, the state's new law effectively banning mandatory employee arbitration...more
2/5/2020
/ Arbitration Agreements ,
DFEH ,
Employment Contract ,
Federal Arbitration Act ,
Federal Labor Laws ,
Mandatory Arbitration Clauses ,
Preemption ,
Preliminary Injunctions ,
State Bans ,
State Labor Laws ,
TRO
This month’s key employment law cases address nonsolicitation provisions and arbitration agreements.
AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923, 239 Cal. Rptr. 3d 577 (2018)
Summary:...more
12/18/2018
/ Appeals ,
Arbitration Agreements ,
Attorney's Fees ,
Business & Professions Code ,
Confidentiality Agreements ,
Cross-Complaints ,
Employment Contract ,
Equal Pay Act ,
Former Employee ,
Hiring & Firing ,
Injunctive Relief ,
Law Firm Partners ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Non-Solicitation Agreements ,
Nurses ,
Popular ,
Public Benefits ,
Reaffirmation ,
Recruitment Policies ,
Remand ,
Retaliation ,
Reversal ,
Sex Discrimination ,
Solicitation ,
Summary Judgment ,
Travel ,
Unconscionable Contracts ,
Void Contracts ,
Wrongful Termination
On September 30, 2018, for the final time during his tenure as Governor, Governor Jerry Brown acted on a series of bills passed by the legislature that would have far-reaching consequences for employers. Though employers can...more
10/2/2018
/ #MeToo ,
Anti-Harassment Policies ,
Board of Directors ,
DFEH ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
FEHA ,
Filing Deadlines ,
Governor Brown ,
Governor Vetoes ,
Harassment ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Proposed Legislation ,
Settlement Agreements ,
Severance Agreements ,
Sex Discrimination ,
Sexual Harassment ,
State Bans ,
State Labor Laws ,
Void and Unenforceable ,
Woman Board Members
On August 22, 2018, the California Senate voted to approve AB 3080, a bill prompted by the #MeToo movement against sexual harassment. Nominally, the bill is intended to combat the use of mandatory arbitration agreements and...more
8/23/2018
/ #MeToo ,
Arbitration Agreements ,
Confidentiality Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Federal Arbitration Act ,
FEHA ,
Governor Brown ,
Harassment ,
Mandatory Arbitration Clauses ,
Personal Liability ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Retaliation ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Waiver of Rights