News & Analysis as of

Arbitration Preemption Federal Labor Laws

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 -
Sheppard Mullin Richter & Hampton LLP

New York State Looks to Take Over Labor Law Enforcement Amidst Uncertainty at the NLRB

With mounting uncertainty about the lack of a quorum and near term future of the National Labor Relations Board (the “NLRB” or the “Board”), New York State legislators are attempting to usurp the powers delegated to the Board...more

Stradling Yocca Carlson & Rauth

All For Naught: California Employers Can Continue To Require Workers to Sign Arbitration Agreements

After more than three years of legal challenges, California’s Assembly Bill 51 was completely struck down as preempted by the Federal Arbitration Act in a Ninth Circuit ruling on February 15, 2023. California employers can...more

Fisher Phillips

The Top 14 Workplace Law Stories from July 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

AB 51: Preliminary Injunction GRANTED

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Seyfarth Synopsis: Among other things, AB 51 makes it unlawful for employers to impose arbitration agreements on employees as a condition of employment, even if employees are permitted to opt out. AB 51 was quickly challenged...more

Littler

California Court Concludes that Anti-Arbitration Law is Likely Preempted

Littler on

On February 7, 2020, the U.S. District Court for the Eastern District of California issued an order supporting its injunction of Assembly Bill 51 (AB 51), an expansive anti-arbitration law enacted in October, which was...more

Seyfarth Shaw LLP

AB 51 Challenge: Preliminary Injunction Issued

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Seyfarth Synopsis: After granting a temporary restraining order days before AB 51 was to go into effect, the Eastern District of California granted a motion for a preliminary injunction on January 31, 2020. An order detailing...more

FordHarrison

A (Temporary) Reprieve for Mandatory Workplace Arbitration

FordHarrison on

On December 30, 2019, a federal judge in the Eastern District of California entered an order temporarily halting the enforcement of AB 51, California’s new anti-mandatory arbitration law. AB 51, which was set to go into...more

Fisher Phillips

Will He or Won’t He? Employment Arbitration Ban Proposal Heads to Governor Brown

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The #MeToo movement and the national focus on sexual harassment have sparked significant legislative activity at the state level designed to address these issues. Here in California, lawmakers introduced over two dozen bills...more

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