News & Analysis as of

California › State Labor Laws › Federal Arbitration Act

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Proskauer - California Employment Law

For At Least One Employer, Reliance on an Outdated Arbitration Agreement Proved to be a Losing Gamble

Proskauer - California Employment Law on

As we have reported time and again, California courts have applied extra scrutiny to employee arbitration agreements in recent years, and have not hesitated to deny arbitration where there is a reasonable basis for doing so. ...more

CDF Labor Law LLP

SCOTUS Set To Weigh In On Whether Courts May Dismiss Actions That Are Referred To Arbitration

CDF Labor Law LLP on

CDF Wage and Hour Task Force – Monthly Blog - Enforceable arbitration agreements continue to provide California employers who are faced with wage and hour claims with significant benefits....more

Jackson Lewis P.C.

California’s Law Barring Mandatory Arbitration Agreements Permanently Enjoined

Jackson Lewis P.C. on

A federal district court has entered a permanent injunction barring the State of California from enforcing Assembly Bill (AB) 51, California’s law that purports to preclude employers from requiring arbitration agreements as a...more

CDF Labor Law LLP

Stayin’ Alive: California Supreme Court Holds that PAGA Representative Claims Can Remain in State Court During Arbitration of...

CDF Labor Law LLP on

As anticipated, earlier this week, the California Supreme Court broke from the U.S. Supreme Court’s Viking River Cruises v. Moriana decision, and further tipped the scales in favor of PAGA plaintiffs in California by holding...more

Sheppard Mullin Richter & Hampton LLP

Fording Viking River, Another California Court of Appeal Holds That PAGA Plaintiffs Maintain Standing to Pursue “Representative”...

Sheppard Mullin Richter & Hampton LLP on

California’s Private Attorneys General Act of 2004 (“PAGA”) allows employees to act as an “agent” of the State of California and recover civil penalties for violations of the Labor Code through a civil action filed on behalf...more

McDermott Will & Schulte

A Win for Employers: Ninth Circuit Holds That California Ab 51 Prohibiting Mandatory Arbitration is Preempted by the Federal...

McDermott Will & Schulte on

As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a...more

Meyers Nave

Ninth Circuit Blocks California’s AB 51, Reopening the Door for Mandatory Employment Arbitration

Meyers Nave on

Mandatory Arbitration is Alive and Well - A big win for California employers was announced February 15, 2023, when the Ninth Circuit Court of Appeals in Chamber of Commerce of the United States of America v. Bonta found...more

Polsinelli

Mandatory Arbitration Agreements Remain Valid in California

Polsinelli on

California employers received welcome reassurance last week that they are free to require employees enter into arbitration agreements as a condition of employment. This is the result of an opinion from the Ninth Circuit last...more

Weintraub Tobin

Good News for Employers: The Federal Arbitration Act Preempts the Prohibition of Mandatory Arbitration Contracts

Weintraub Tobin on

On February 15, 2023, the Ninth Circuit Court of Appeals decided Chamber of Commerce v. Bonta and found that the Federal Arbitration Act (FAA) preempts California’s Assembly Bill 51 (AB 51). Background: The FAA embodies a...more

Foley & Lardner LLP

Mandatory Arbitration Lives on in California: Ninth Circuit Strikes Down AB 51

Foley & Lardner LLP on

Mandatory arbitration agreements have been the subject of considerable litigation in California. As we previously reported, much of this discord stems from 2019’s Assembly Bill 51 (AB 51), which broadly prohibited employers...more

Morrison & Foerster LLP

Ninth Circuit Reverses Itself and Strikes Down California Law Targeting Mandatory Employment Arbitration Agreements

Morrison & Foerster LLP on

In a reversal of its prior ruling, the Ninth Circuit recently held that the Federal Arbitration Act (FAA) preempts California Assembly Bill 51 (AB 51), a 2019 measure that aimed to bar employers from entering into new...more

Jackson Lewis P.C.

Federal Arbitration Act Preempts California Ban on Mandatory Arbitration Contracts, Ninth Circuit Holds

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s grant of a preliminary injunction barring enforcement of California’s Assembly Bill (AB) 51 with respect to arbitration agreements governed by the...more

Paul Hastings LLP

The End of California’s Anti-Arbitration Statute: Ninth Circuit Holds AB 51 is Preempted by the FAA

Paul Hastings LLP on

Bringing an end to the saga of California’s Assembly Bill 51, the Ninth Circuit Court of Appeals in Chamber of Commerce v. Bonta has held, in a 2-1 decision, that the Federal Arbitration Act preempts California’s...more

Fenwick & West LLP

Ninth Circuit Panel Rules That AB 51 Is Preempted by Federal Law and Unenforceable

Fenwick & West LLP on

On the heels of more than three years of legal challenges (summarized here) to California’s AB 51, which prohibits employers from requiring employees to arbitrate disputes under the state’s Labor Code and Fair Employment and...more

Fox Rothschild LLP

Mandatory Arbitration Agreements Allowed in California

Fox Rothschild LLP on

In another win for California employers, the Ninth Circuit Court of Appeals reversed itself and ruled that Assembly Bill 51 is preempted by the Federal Arbitration Act (“FAA”) and that California employers may roll out...more

Fisher Phillips

Federal Appeals Court Blocks California’s Ban on Mandatory Arbitration Agreements: 7 Key Takeaways for Employers

Fisher Phillips on

A federal appeals court just paved the way for California employers to continue utilizing mandatory arbitration agreements with employees and job applicants. You may be familiar with the litigation roller coaster of...more

Jones Day

Supreme Court Upholds Representative Action Waivers In Employee Arbitration Agreements

Jones Day on

Case Overview - On June 15, 2022, the United States Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana, No. 20-1573. The Court held that the rule from Iskanian v. CLS Transportation Los Angeles,...more

Proskauer - California Employment Law

The U.S. Supreme Court Says PAGA Representative Action Waivers Are Enforceable After All

Proskauer - California Employment Law on

On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme...more

Fox Rothschild LLP

U.S. Supreme Court Rules Arbitration Agreements Can Include Enforceable Waivers of Employees’ Individual PAGA Claims

Fox Rothschild LLP on

In a much-needed win for employers, the U.S. Supreme Court has ruled that waivers of employees’ individual claims under California’s Private Attorneys General Act of 2004 (PAGA) are enforceable. The court’s decision in Viking...more

Littler

Supreme Court Permits Arbitration of Individual PAGA Claims

Littler on

The United States Supreme Court’s decision in Viking River Cruises v. Moriana will dramatically impact employers’ rights to enforce arbitration agreements related to claims under California’s Private Attorneys General Act...more

CDF Labor Law LLP

US Supreme Court Raids California’s PAGA Jurisprudence in Viking River

CDF Labor Law LLP on

Wednesday, the United States Supreme Court issued a highly anticipated decision in Viking River Cruises v. Moriana.  The decision addresses the apparent conflict between the Federal Arbitration Act (FAA) and California’s...more

Mintz - Employment Viewpoints

The Supreme Court Strikes a Blow to PAGA: What California Employers Need to Know

Mintz - Employment Viewpoints on

The U.S. Supreme Court has given businesses with California employees the option (at least for now) to avoid employee-initiated court proceedings under California’s Private Attorneys General Act (PAGA). On June 15, 2022, the...more

Perkins Coie

US Supreme Court Cracks the Door Slightly Open for Arbitration of PAGA Claims

Perkins Coie on

California’s Private Attorneys General Act (PAGA) is a statute that authorizes employees to bring an action for civil penalties on behalf of the state against an employer for Labor Code violations committed against the...more

Cozen O'Connor

US Supreme Court Places Limits on California’s PAGA Law

Cozen O'Connor on

This week, in an 8-1 decision, the United States Supreme Court ruled in the case of Moriana v. Viking River Cruises, Inc., that the Federal Arbitration Act (FAA) overrules, in part, California Supreme Court authority limiting...more

32 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide