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Employers have long been scrutinized for perceived unequal bargaining power when it comes to enforcement of company-drafted arbitration agreements. Indeed, both the California legislature and the courts have aimed to protect...more
Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more
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
A California jury did it again! Last Thursday, a Los Angeles jury awarded $27.5 million to a former chief nursing officer of a hospital for the alleged post-traumatic stress disorder and other psychological problems she...more
This third installment of the 10 Compelling Reasons for Employment Arbitration explores the impact of an arbitration agreement on a plaintiff’s litigation strategy. As discussed herein, arbitration programs can tamp down a...more
There may be no single, more efficient step an employer can take to manage litigation risk from its workforce than a properly administered mandatory employee arbitration program. An employee arbitration program is a powerful...more
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
The U.S. Court of Appeals for the Sixth Circuit has ruled that an arbitration provision in a plaintiff’s employment contract is binding and enforceable, even if the employer did not explain the provision or recommend the...more
Key Takeaways - - Meyers Nave recommends that employers consider utilizing Arbitration Agreements to reduce liability related to wage and hour claims. - Employers should update handbooks and arbitration agreements annually...more
The allure of doing business in California is undeniable. It is the world’s fifth (and moving towards fourth) largest economy and a market of over 39 million people. For employers, however, California presents unique...more
On April 19, 2023, the California Court of Appeal held that an employer’s arbitration agreement was unenforceable because of unconscionable terms found in other documents provided to employees during the onboarding process....more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more
Oregon employers that require arbitration for employment-related disputes recently received some good news from the Oregon Supreme Court. In Gist v. ZoAn Management, Inc., the Court rejected the plaintiff’s argument that his...more
On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize Act of 2021 (PRO Act) by a largely party-line vote of 225-206. One Democratic Representative voted against the bill; five...more
Evan Armstrong from the Retail Industry Leaders Association (RILA) joins Mike Schmidt to talk about the significant PRO Act that was introduced in Congress and that will dramatically alter labor issues such as the use of...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
The U.S. House of Representatives just passed a bill that would tilt the scales of labor law unequivocally in favor of organized labor. The Protecting the Right to Organize (PRO) Act would bring about a radical shift in labor...more
California employers are in for a busy new year of evaluating their workplace rules and practices due to a sizable list of new laws passed by the California legislature for 2020. These new laws may affect daily business...more
Do you require your employees to agree to mandatory arbitration of employee disputes? If so, the policy may need to be revised. After the Supreme Court decision in Epic Systems last year (138 S. Ct. 1612), in which the Court...more
New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any...more
It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more
California Governor Gavin Newsom recently signed into law 15 bills designed to provide greater employee protections in California. Among those bills were Assembly Bill 9 (“AB 9”) and Assembly Bill 51 (“AB 51”), both of which...more
On October 10, 2019, Governor Newsom signed Assembly Bill 51 (AB 51) into law. This important legislation is aimed at reversing a series of cases that allow employers to unilaterally impose pre-dispute arbitration agreements...more
To close out the 2019 legislative season, Governor Gavin Newsom signed dozens of bills into law, which will have lasting impacts for California employers. In addition to the summaries and clarifications from prior blog posts,...more