Contract Terms, CA Supreme Court, Employment Litigation

California employers gain relief in arbitration fee deadline ruling

Clark Hill PLC on 8/18/2025

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

To Sever or Not to Sever, That is the Question For Courts Reviewing Employment Arbitration Agreements for Enforceability

Ervin Cohen & Jessup LLP on 4/8/2025

Less than a year ago, the California Supreme Court in Ramirez v. Charter Communications, Inc. opined, in the context of employment arbitration agreements, that there is no bright line rule that requires a court to refuse...more

“Prejudice” No Longer an Element to Determine Waiver of Right to Compel Arbitration

Ervin Cohen & Jessup LLP on 12/20/2024

In 2003, the California Supreme Court adopted a stringent test to determine whether an employer had waived its right to compel arbitration of an employee’s claims. The most critical, and often determinative, factor was...more

Severing Unconscionable Terms in Employment Arbitration Agreements

Ervin Cohen & Jessup LLP on 8/28/2024

In August 2000, the California Supreme Court handed down a landmark ruling that changed the face of employment arbitration agreements going forward. That case, known as Armendariz v. Foundation Health Psychcare Services,...more

California Supreme Court Says Severing Unconscionable Terms From Arbitration Agreements Is a Question of Fairness

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/26/2024

On July 15, 2024, the Supreme Court of California issued a decision that could provide courts in the state with significant discretion to refuse to enforce employment arbitration agreements even if only one term is determined...more

California Supreme Court Gives Employee Two Bites of the Class Action Apple

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/6/2022

On June 30, 2022, the Supreme Court of California issued a decision in Grande v. Eisenhower Medical Center, No. S261247, that could have a far-reaching impact on the relationships between staffing companies and their clients....more