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The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I
Consumer Finance Monitor Podcast Episode: “Accidental Arbitration” -- A New Theory that Would Rein in Consumer Arbitration Clauses and the Scope of the FAA
#WorkforceWednesday®: PAGA in California, NLRB Authority, New Employment Laws in 2025 - Employment Law This Week®
Recent Developments in California's Arbitration Landscape — FCRA Focus Podcast
Dogecoin’s Day in Court
#WorkforceWednesday® - Key SCOTUS Decisions This Term for Employers - Employment Law This Week®
AGG Talks: Cross-Border Business Podcast - Episode 14: Resolving Cross-Border Conflicts Through International Arbitration
Consumer Finance Monitor Podcast Episode: A Discussion of Industry and Consumer Perspectives on Mass Arbitration
Navigating Mass Arbitration: New Rules and Strategies — The Consumer Finance Podcast
#WorkforceWednesday: Avoiding Legal Illusions - Crafting Effective Arbitration Agreements - Employment Law This Week®
Consumer Finance Monitor Podcast Episode: A Look at a New Approach to Consumer Contracts
Do You Need an Arbitration Clause in Your Energy Contract? Pros and Cons
Consumer Finance Monitor Podcast Episode: Reasons Why the CFPB Should Deny the Petition for Rulemaking on Post-Dispute Consumer Arbitration Agreements
Consumer Finance Monitor Podcast Episode: A Deep Dive into Mass Arbitration, with Special Guest Andrew Pincus, Partner, Mayer Brown
#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
California Employment News: US Supreme Court “Viking River” Decision Brings PAGA Relief for CA Employers
Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off
3 Key Takeaways | Drafting & Navigating Dispute Resolution Clauses
#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®
A recent decision by the U.S. Court of Appeals for the Ninth Circuit hit a trifecta of important legal procedures affecting litigation of Fair Labor Standards Act (FLSA) collective actions. Harrington v. Cracker Barrel Old...more
Velarde v. Monroe Operations, LLC, 111 Cal. App. 5th 1009 (2025) - The Court noted “[t]here was extensive evidence of procedural unconscionability, with an adhesive contract, buried in a stack of 31 documents to be signed...more
Host Tom Godar welcomes to the show Husch Blackwell partner Jon Anderson to help him lead a two-part conversation with Howard Bellman, a fixture in the world of dispute resolution for many decades who has helped to shape the...more
A law enacted in 2022 that allows people alleging sexual assault or sexual harassment to opt out of pre-dispute arbitration agreements has altered the litigation landscape for enforcing those agreements. ...more
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
Cross Country Healthcare, Inc., a healthcare staffing company, believed that it had a “squeaky clean” Arbitration Agreement with its employees. ...more
In Miele v. Foundation Medicine, Inc., the Massachusetts Supreme Judicial Court (“SJC”) held that the Massachusetts Noncompetition Agreement Act, G. L. c. 149, § 24L (the “Act”), which generally prohibits noncompete and...more
This fifth installment of our series on employment arbitration delves into how an arbitration program can effectively eliminate multi-plaintiff, class, and collective actions brought by employees. The impact of eliminating...more
California employers often require their new hires and current employees to sign arbitration agreements ("agreements") as a condition of employment or continued employment. To be enforceable, these agreements require that the...more
This fourth installment of the 10 Compelling Reasons for Employment Arbitration discusses the advantages of conducting discovery pursuant to an arbitration agreement as opposed to under typical court rules. Because...more
On June 13, 2025, a California Court of Appeal struck down an arbitration agreement because of unconscionable terms entered by the parties in a separate employment agreement, governing different dispute resolution fora and...more
This third installment of the 10 Compelling Reasons for Employment Arbitration explores the impact of an arbitration agreement on a plaintiff’s litigation strategy. As discussed herein, arbitration programs can tamp down a...more
The Supreme Court of California is set to decide whether the Federal Arbitration Act (FAA) preempts a California statute that requires employers to forfeit the right to arbitrate disputes with employees if arbitration fees...more
Managing litigation risk should be a priority for all employers. Mandatory employment arbitration programs create a framework of dispute resolution that helps give employers a measure of control and predictability over their...more
There may be no single, more efficient step an employer can take to manage litigation risk from its workforce than a properly administered mandatory employee arbitration program. An employee arbitration program is a powerful...more
In our previous article, “Pay Up or Lawsuit Up: The 30-Day Countdown That’s Fueling Arbitration Disputes,” we explored the legal and practical challenges posed by California’s 30-day arbitration fee payment rule, codified in...more
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
For more than a decade, California courts have wrestled with the challenge of how to resolve disputes over the authenticity of electronically signed arbitration agreements....more
Since our last coverage of “headless PAGA lawsuits”—i.e., lawsuits in which a plaintiff disavows his individual PAGA claim and opts to pursue the claim only on behalf of others—significant developments have further...more
On May 19, 2025, Proskauer attorneys successfully compelled to arbitration an employment discrimination lawsuit that had been filed in the Los Angeles Superior Court. While the former employee claimed that she never signed...more
Fifth Circuit Affirms Judgment for Employer on Title IX and Title VII Retaliation Claims - In Lewis v. Board of Supervisors of LSU, __ F.4th __ (5th Cir. Apr. 8, 2025), a former employee of a university football department...more
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
The American Arbitration Association (“AAA”) recently updated its “Employment/Workplace Arbitration Rules and Mediation Procedures” (formerly entitled the “Employment Arbitration Rules”), effective May 1, 2025. The updates to...more
The Private Attorneys General Act of 2004 (PAGA) grants private individuals the authority to sue on behalf of the state of California for employer violations of the California Labor Code. The primary purpose of PAGA is not to...more
The American Arbitration Association has announced a number of changes to its arbitration rules for consumer and workplace disputes. Businesses should review the changes and consider updating their arbitration agreements...more