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This fifth installment of our series on employment arbitration delves into how an arbitration program can effectively eliminate multi-plaintiff, class, and collective actions brought by employees. The impact of eliminating...more
This fourth installment of the 10 Compelling Reasons for Employment Arbitration discusses the advantages of conducting discovery pursuant to an arbitration agreement as opposed to under typical court rules. Because...more
Managing litigation risk should be a priority for all employers. Mandatory employment arbitration programs create a framework of dispute resolution that helps give employers a measure of control and predictability over their...more
The Second Circuit Court of Appeals recently vacated a decision holding that a union could not compel arbitration of a grievance related to an expired collective bargaining agreement....more
On the 100th anniversary of the Federal Arbitration Act, it is worth recalling that the law was enacted in 1925 in response to what the U.S. Supreme Court later called, in its 2011 opinion in AT&T Mobility v. Concepcion,...more
Arzate v. Ace American Insurance Company, — Cal. Rptr. 3d — (2025) began as a familiar case: plaintiffs signed arbitration agreements (“Agreement”) with their employer that contained a class action waiver. But when a dispute...more
The Fourth District held that a motion to compel arbitration is not the correct vehicle to challenge a plaintiff’s failure to plead the individual component of a PAGA claim affirming the Superior Court’s denial of a motion to...more
Starting and running a business can be an exciting yet overwhelming journey, and the legal side of things often adds complexity. Many entrepreneurs and business owners find themselves with pressing questions about how to...more
The California Court of Appeal held that after the employer-defendant successfully moved to compel arbitration of the plaintiffs’ employment-related claims, the employer-defendant did not waive its right to arbitration by...more
Prior to the United States Supreme Court’s decision in Viking River Cruises Inc. v. Moriana, California courts did not consider the components of a Private Attorneys General Act (“PAGA”) claim. ...more
The California Court of Appeal, Second Appellate District, in Leeper v. Shipt, Inc., No. B339670, 2024 WL 5251619 (Cal. Ct. App. Dec. 30, 2024) (Leeper) issued a significant decision benefiting employers seeking to enforce...more
In 2024, Canada saw significant legislative and case law developments in labour and employment law. This Insight provides an overview of notable developments and links to our more detailed articles and commentary....more
In a decision with significant impact for employers defending Private Attorney General Act (PAGA) cases, a California 2nd District Court of Appeal panel ruled on December 30, 2024, that plaintiffs cannot circumvent...more
In a significant development for California employers, the California Court of Appeal’s decision in Leeper v. Shipt, Inc. closed out 2024 by strengthening the enforceability of arbitration agreements in Private Attorneys...more
Following the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana (2022) U.S. 639 and the California Supreme Court’s decision in Adolph v. Uber Technologies, Inc. (2023) 14 Cal. 5th 1104, when...more
Yesterday, the California Court of Appeal in Leeper v. Shipt, Inc., held that because every PAGA action necessarily includes an “individual PAGA claim” a PAGA plaintiff cannot avoid arbitration by asserting purely...more
The Second District again held that issue preclusion barred plaintiff’s PAGA claim because he failed to establish any violation of the Labor Code and arbitral findings have a preclusive effect on a plaintiff’s standing in a...more
The arbitration award stemmed from the pro se complaint of Joseph Ruzindana for wrongful termination against his former employer, FCA US. In the arbitration, Ruzindana claimed that he was harassed and discriminated against by...more
Navigating employment disputes across borders presents unique challenges for employers and employees alike. Legal frameworks, cultural sensitivities and ethical considerations can vary greatly from one jurisdiction to...more
Real World Impact: A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s...more
On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though...more
In a recent legal dispute, Mahram v. The Kroger Co., a California Court of Appeal delivered a decision that may have implications for employment arbitration agreements. Although the case at hand involved a consumer...more
Many California employers require their employees to sign agreements to submit any disputes arising out their employment to binding arbitration. If an employee files a lawsuit in court, the employer then has the option of...more
The Second Circuit recently ruled that an ERISA plan’s arbitration provision was not enforceable because the provision barred plan-wide relief. Cedeno v. Sasson, 2024 WL 1895053 (2d Cir. May 1, 2024). The Court decision...more
In Michigan AFSCME Council 25 v. County of Wayne, the Supreme Court of Michigan declined an application filed by Michigan AFSCME Council 25 and Affiliated Local 101 for leave to appeal a judgment of the circuit court and...more