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AGG Talks: Background Screening - Redaction of Identifiers by the Courts Update, Breaking News from California
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On August 21, 2025, the Supreme Court of California ruled that employers must demonstrate that they took reasonable steps to comply with minimum wage laws to mount a good-faith defense against liquidated damages. The decision...more
On 11 August 2025, California employers scored some relief from a rigidly applied arbitration statute with the California Supreme Court’s highly anticipated decision in Hohenshelt v. Superior Court (Hohenshelt)....more
On August 11, 2025, the California Supreme Court issued its decision in Hohenshelt v. Superior Court and peeled away the draconian application of California's arbitration fee statute, California Civil Procedure Code §§...more
The California Supreme Court held that an employer must prove that it made a reasonable attempt to decipher the requirements of the law governing minimum wages in order to avail itself of the good faith defense against...more
On August 7, 2025, the California Supreme Court (the Court) issued Opinion S283614 in the case Center For Biological Diversity, Inc. v. Public Utilities Commission regarding the degree of deference that courts should afford...more
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
The California Supreme Court’s recent decision in Hohenshelt v. Superior Court addressed whether California’s Code of Civil Procedure section 1281.98, which requires the party that drafted the arbitration agreement to pay...more
After years of appellate cases and several rulings holding California employers to the very strict payment standards of the California Arbitration Act (CAA), the California Supreme Court has, for the first time, addressed...more
The California Supreme Court recently issued a significant decision in Hohenshelt v. Superior Court, holding that the Federal Arbitration Act (FAA) does not preempt California laws requiring businesses to pay consumer or...more
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
On August 11, 2025, the Supreme Court of California ruled that the Federal Arbitration Act (FAA) does not preempt a state statute requiring employers to timely pay arbitration fees or forfeit the right to arbitration. The...more
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
The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration...more
On August 7, 2025, the California Supreme Court issued its decision in Center For Biological Diversity v. California Public Utilities Commission. The decision reversed the decision of a lower appellate court which had...more
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
The California Supreme Court’s decision in Hohenshelt v. Superior Court marks an important moment for arbitration in California, particularly in the context of consumer disputes, employment disputes, and mass arbitrations....more
On Aug. 11, 2025, in Hohenshelt v. Superior Court, the California Supreme Court held that the Federal Arbitration Act does not preempt California Code of Civil Procedure Section 1281.98. The statute, intended to deter the...more
The use of arbitration clauses in employment and consumer-related contracts is ubiquitous. California law requires companies facing employment and consumer claims in arbitration to pay arbitration fees and costs within 30...more
The California Supreme Court issued its decision in Hohenshelt v. Superior Court, addressing whether the Federal Arbitration Act (FAA) preempts California's rule governing late payment of arbitration fees, Cal. Code Civ....more
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
In a recent decision, Center for Biological Diversity, Inc. v. Public Utilities Commission, the California Supreme Court unanimously rejected the "uniquely deferential" standard of review previously given to California Public...more
The California Supreme Court handed a major victory to Delaware corporations facing shareholder litigation in California courts but left open questions about how durable the success will be. In EpicentRX v. Superior Court...more
Forum selection clauses have long been a feature of commercial contracting. Since then-Chancellor Strine’s decision in Boilermakers Local 154 Ret. Fund v. Chevron Corp., Delaware corporations have routinely included such...more
The California Supreme Court’s July 21 decision in EpicentRx, Inc. v. Superior Court resolves a longstanding uncertainty around enforcement of forum selection clauses under California law, holding that the absence of jury...more
In this episode of Moving the Metal: The Auto Finance Podcast, Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group examine the current status of the Federal Trade...more