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Employer Liability Issues › Arbitration Agreements › Appeals

Cranfill Sumner LLP

Supreme Court Cert Denials: Beyond the Headlines

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While legal analysts focus on landmark Supreme Court decisions each term, equally significant are the cases the Court declines to hear. These certiorari denials often reveal critical jurisprudential trends that shape...more

Bradley Arant Boult Cummings LLP

Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim

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Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more

Ervin Cohen & Jessup LLP

Another Day, Another Dispute Between Appellate Courts Over Employment Arbitrations

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The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments....more

CDF Labor Law LLP

Employer Not Required to Initiate Arbitration Following Court-Ordered Arbitration

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The California Court of Appeal, Second Appellate District recently issued a clarifying decision in Michelle Arzate, et al. v. ACE American Insurance Company, addressing which party is responsible for initiating arbitration...more

ArentFox Schiff

Arzate v. ACE American Insurance Company: Employer Not Required to Initiate Arbitration in Defense of Itself

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On June 18, 2021, a group of ACE American Insurance Company employees filed a class action suit alleging that ACE misclassified them as exempt employees....more

Ballard Spahr LLP

California Court of Appeal Says No More “Headless” PAGA Lawsuits

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In an effort to avoid arbitrating individual claims under the Private Attorneys General Act (“PAGA”), a recent trend emerged in California litigation involving “headless” PAGA lawsuits. Essentially, plaintiffs would expressly...more

Vorys, Sater, Seymour and Pease LLP

California Court of Appeal Leaves ‘Headless’ PAGA Claims Lifeless

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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

Seyfarth Shaw LLP

Arbitration Agreement Enforceable By Non-Signatory Alleged Joint-Employers

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Employees who sign an arbitration agreement with one company cannot avoid arbitration with related defendant-companies by arguing they were not parties to the agreement. The California Court of Appeal held that claims against...more

Lewitt Hackman

Beyond the Contract: Non-Signatories to an Arbitration Agreement Can Compel Arbitration

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Departing from the ruling in Soltero v. Precise Distribution earlier this year, the California Court of Appeal in the Second District in Gonzalez v. Nowhere Beverly Hills LLC, created a split of authority regarding an alleged...more

Sheppard Mullin Richter & Hampton LLP

California Courts Greatly Expand Scope of “Ending Forced Arbitration of Sexual Harassment Act”

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Two recent decisions from the California Courts of Appeal could have massive ramifications for employers seeking to enforce arbitration agreements. Specifically, each court each held that the Ending Forced Arbitration of...more

CDF Labor Law LLP

Implications of Mahram v. The Kroger Co.: A Closer Look at Arbitration Agreements

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appellate Decision Raises New Considerations for Arbitration Agreements

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A California appellate court recently denied a motion to compel arbitration, finding the agreement unconscionable in part because it (1) applied to all claims rather than just those arising from employment, (2) was unlimited...more

ArentFox Schiff

Soltero v. Precise Distribution, Inc.: Key Takeaways for Employers Relying on Arbitration Agreements for Temporary Workers

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Employers supplementing their workforce with temporary workers may be out of luck if they wish to rely on arbitration agreements between the temporary helper and the staffing provider. The California Court of Appeal, Fourth...more

Meyers Nave

Recent Developments Since the Viking River Cruises Decision: 5 Key Things California Employers Need To Know

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What Happens to the “Non-individual” PAGA Claims Now that Viking River Cruises Compels Arbitration of the “Individual” PAGA Claim? The U.S. Supreme Court’s 2022 decision in Viking River Cruises v. Moriana was widely seen...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Eases the Ability for Employers to Appeal Denials of Motions to Compel Arbitration in Federal Court

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In Coinbase, Inc. v. Bielski, the Supreme Court of the United States resolved a circuit split over whether district courts must stay proceedings while an interlocutory appeal of a denial of a motion to compel arbitration is...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Holds That a PAGA Plaintiff Maintains Standing to Assert Representative Claims Even When Individual...

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On February 2, 2023, the California Court of Appeal issued an important follow-up decision to the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, — U.S. —, 142 S. Ct. 1906 (2022). Galarsa v....more

Venable LLP

Ninth Circuit Puts Mandatory Employment Arbitration Agreements Back on the Menu

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Once again, the California legislature's attempt to kneecap arbitration agreements in the employment arena has been swept aside by a federal court. As of February 15, 2023, California employers may continue to require...more

Stokes Wagner

California Employers May Require Arbitration Agreements as a Condition of Employment

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Avid readers of Stokes Wagner’s legal updates may be familiar with California’s Assembly Bill 51, a law that, until very recently, prohibited California employers from requiring employees or job applicants to sign arbitration...more

Fenwick & West LLP

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

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Panel to Reconsider Decision Upholding California Mandatory Arbitration Ban

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​​​​​​​The panel of the Ninth Circuit Court of Appeals that largely upheld California’s law banning mandatory arbitration agreements in the employment context just withdrew its decision. On August 22, 2022, two of the three...more

CDF Labor Law LLP

CA Court of Appeal Upholds Arbitration Agreement Under FAA Preemption

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Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the...more

Littler

Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision

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On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration.  The court concluded that...more

CDF Labor Law LLP

Unpublished California Opinion Did Not Authorize Arbitration Over Threshold Issue of Independent Contractor or Employee in a PAGA...

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A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action.  Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent...more

Ervin Cohen & Jessup LLP

Mandatory Arbitration Agreements in California: Down, But Possibly Not Out

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Businesses and attorneys alike have kept a close eye on the developments surrounding the challenge to California Assembly Bill 51 (now codified as Labor Code section 432.6). Most recently, in a 2-1 decision, the 9th Circuit...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Grants Review in Important Arbitration Case Regarding PAGA

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On December 15, 2021, the United States Supreme Court granted certiorari in Viking River Cruises, Inc. v. Moriana, a case which asks whether the Federal Arbitration Act (“FAA”) requires the enforcement of bilateral...more

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