News & Analysis as of

Arbitration Employee Rights California

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Seward & Kissel LLP

Employment Litigation Roundup: June 2025

Seward & Kissel LLP on

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

Davis Wright Tremaine LLP

California Employers Using Arbitration Agreements Want To Take Note of New Guidance From a Recent California Appellate Case

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

CDF Labor Law LLP

Unconscionable Employment Terms In Onboarding Documents Can Void Arbitration Agreements

CDF Labor Law LLP on

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

Proskauer - California Employment Law

May 2025 California Employment Law Notes

We invite you to review our newly-posted, May 2025 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Apple...more

Kelley Drye & Warren LLP

No Individual Claim, No Problem? The California Supreme Court Takes on Circuit Split on Headless PAGA Claims

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

Seyfarth Shaw LLP

PAGA Paraphrased – Williams v. Alacrity Solutions Group, Inc.

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PAGA claims brought under pre-reform PAGA must be brought within one year of a Labor Code violation experienced by the plaintiff and because a PAGA claim necessarily has both an individual and a non-individual component,...more

Proskauer - California Employment Law

When Headless PAGAs Attack!

As we reported here, a split in authority has developed in the California Court of Appeal regarding what to do when an employer moves to compel arbitration of a Private Attorneys General Act (PAGA) that is “headless”—that is,...more

Proskauer - California Employment Law

March 2025 California Employment Law Notes

We invite you to review our newly-posted, March 2025 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appeals Court Decides PAGA Lawsuit Can’t Be Sent to Arbitration Without Individual Claims

A California court of appeal recently upheld a trial court’s ruling that rejected a sanitation company’s effort to compel arbitration of individual claims under California’s Private Attorneys General Act (PAGA), where the...more

CDF Labor Law LLP

Employer Not Required to Initiate Arbitration Following Court-Ordered Arbitration

CDF Labor Law LLP on

The California Court of Appeal, Second Appellate District recently issued a clarifying decision in Michelle Arzate, et al. v. ACE American Insurance Company, addressing which party is responsible for initiating arbitration...more

Ervin Cohen & Jessup LLP

Arbitration Fee Payment Statute Does Not Apply To Post-Dispute Arbitration Agreements

There is no greater threat to an employment arbitration than Code of Civil Procedure section 1281.98, which mandates that the party who drafted the arbitration agreement pay the fees and costs of the arbitration within 30...more

Polsinelli

California Court of Appeal Invalidates Headless PAGA Actions

Polsinelli on

In a decision with significant impact for employers defending Private Attorney General Act (PAGA) cases, a California 2nd District Court of Appeal panel ruled on December 30, 2024, that plaintiffs cannot circumvent...more

Davis Wright Tremaine LLP

California's New Employment Laws: Get Ready for 2024

Governor Newsom signed into law a plethora of bills that significantly expand the rights of employees in California, although notably vetoing a bill that would have prohibited caste discrimination. Most of the new laws take...more

Allen Matkins

Court Holds That Arbitrator Must Decide Whether Partner Is An Employee

Allen Matkins on

As discussed in this post from 2016, California Labor Code Section 925 prohibits an employer from requiring an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that...more

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