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Arbitration Employment Litigation

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: August 2025

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In Bivens v. Zep, Inc., a customer engaged in unwanted romantic advances towards a former employee. The employee sued the employer for harassment and hostile work environment under federal law, asserting that the employer...more

Proskauer - California Employment Law

The Latest Developments in the Arbitration Wars – Implausible Sexual Harassment Claims

Since its enactment, the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act has resulted in plaintiffs’ lawyers tacking on increasingly implausible sexual harassment claims to unrelated...more

BakerHostetler

AAA or Stay Away? Changes to the American Arbitration Association’s Employment Rules May Disadvantage Employers

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The American Arbitration Association (AAA) has updated its Employment Arbitration Rules, effective May 1, 2025. The changes may make AAA-administered arbitration less desirable for businesses....more

Fox Rothschild LLP

A Simple Payment Error is not a Waiver of the Right to Arbitrate

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I have some good news for California employers seeking to enforce arbitration agreements. The California Supreme Court just held that non-payment of arbitration fees does not automatically waive the right to arbitrate....more

Husch Blackwell LLP

NFL’s Arbitration Agreement Fumbles, Allowing Coach to Pursue Discrimination Claims in Court: Employment Law Lessons for Employers

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The National Football League (NFL) is in the spotlight this season, not because of any certain game on the field, but for a legal battle off it. Last week, the Second U.S. Circuit Court of Appeals agreed that a NFL coach...more

Proskauer - California Employment Law

California Supreme Court Saves but Guts Anti-Arbitration Statute

In Hohenshelt v. Superior Court, the California Supreme Court held that California Code of Civil Procedure Section 1281.98—a do-or-die statute requiring employers to pay arbitration fees within 30 days or waive the right to...more

Oppenheimer Investigations Group

Workplace Investigations in Litigation: Strategic Value for Both Plaintiffs and Defendants

Workplace investigations are generally conducted outside of a litigation context and involve complaints that are not ultimately litigated. However, inevitably some workplace disputes that are investigated do make it to...more

Husch Blackwell LLP

California Supreme Court Tackles Federal Preemption Issues in Employment and Consumer Arbitrations

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On August 11, 2025, the California Supreme Court issued a decision in the matter of Dana Hohenshelt v. The Superior Court of Los Angeles, ruling that the Federal Arbitration Act (“FAA”) does not preempt the California...more

Clark Hill PLC

California employers gain relief in arbitration fee deadline ruling

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In a highly anticipated decision, the California Supreme Court in Dana Hohenshelt v. Golden State Foods Corp. relieves some pressure for employers, holding that late payment of arbitration fees does not result in an automatic...more

CDF Labor Law LLP

CA Supreme Court Offers Relief to Employers For Unintentional Arbitration Fee Delays

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Background: The Thirty-Day Arbitration Fee Rule - In 2019, the California legislature amended the California Arbitration Act (CAA) to require the party who drafts an arbitration agreement to pay all required arbitration...more

Buchalter

Late Fees, High Stakes: California Narrows Arbitration Fee Forfeiture Rule

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In its August 11, 2025 decision in Hohenshelt v. Superior Court (S284498), the California Supreme Court clarified the reach of Code of Civil Procedure Section 1281.98, the 30-day arbitration fee payment rule. While...more

Littler

California Supreme Court Takes a Bite Out of the Rigid Application of Arbitration Fee Deadlines: Hohenshelt v. Superior Court

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Case Background - A sanitation employee at Golden State Foods Corporation, signed an arbitration agreement governed by the Federal Arbitration Act (FAA) at the start of his employment. In 2020, after reporting alleged...more

Ervin Cohen & Jessup LLP

California Appellate Courts Split on “Headless” PAGA Standing: CRST Expedited Permits Broad Claims, While Leeper Awaits Review

A recent decision from California’s Fifth District Court of Appeal has deepened the divide among state courts on a critical issue under the Private Attorneys General Act (PAGA): whether a plaintiff may pursue representative...more

Jackson Lewis P.C.

Ninth Circuit Hands Employers Split Decision on Key Procedural Aspects of FLSA Collective Actions

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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

Marshall Dennehey

Ohio Supreme Court: City’s Refusal to Arbitrate Under Last-Chance Agreement Not an Unfair Labor Practice

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Ohio Council 8, AFSCMA, AFL-CIO v. City of Lakewood, 2025-Ohio-2052 -An employee of the Department of Public Works was on a last-chance agreement when he committed another fault and was terminated. The union demanded...more

Proskauer - California Employment Law

SAG-AFTRA Vaccine Mandate Lawsuit Rejected by Ninth Circuit

In an unpublished but nonetheless significant opinion, the Ninth Circuit recently affirmed the lower court’s dismissal of a consolidated lawsuit filed by SAG-AFTRA members against their union, finding the claims time-barred...more

Proskauer - California Employment Law

Arbitration Agreement Was Unconscionable

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

Proskauer - California Employment Law

“Headless” PAGA Action May Proceed In Court

CRST Expedited, Inc. v. Superior Court, 2025 WL 1874891 (Cal. Ct. App. 2025) - Espiridion Sanchez filed this PAGA action against his former employer on behalf of himself and other allegedly “aggrieved employees.”...more

CDF Labor Law LLP

CA’s Fifth Appellate District Wades Into “Headless” PAGA Debate

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While we are waiting for the CA Supreme Court in Leeper v. Shipt to address whether “headless” PAGA claims (i.e., where PAGA representative plaintiffs disavow the “individual” portion of a PAGA claim) are a permissible end...more

Husch Blackwell LLP

The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I

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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

Carlton Fields

Florida Appeals Court Decisions Week of July 14 - 18, 2025

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U.S. Eleventh Circuit Court of Appeals - Walmart v. King - APA, ALJs, constitutional challenge - Gray v. Birchfield - employment, harassment, punitive damages, assault, battery - USA v. Rowe - prior panel precedent...more

Venable LLP

EFAA Arbitration: Jurisdictional Divide on Pleading Standards

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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

Ervin Cohen & Jessup LLP

Surprise! Misleading Statements and Time Pressure May Render an Employer’s Arbitration Agreement Unenforceable

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

Seyfarth Shaw LLP

PAGA Paraphrased – CRST Expedited, Inc. v. Super. Ct.

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The Fifth District Court of Appeal held that under pre-reform PAGA, headless PAGA actions in which plaintiffs seek civil penalties only on behalf of other employees and not for violations they personally experienced are...more

Bressler, Amery & Ross, P.C.

Yes, an Arbitrator Can Exceed Their Powers in the Eleventh Circuit

The reports of the death of Section 10 of the FAA may have been greatly exaggerated. Thursday, a majority of the Eleventh Circuit held in Nalco Co. LLC v. Bonday that an arbitration award was subject to vacatur under Section...more

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