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Background: The Thirty-Day Arbitration Fee Rule - In 2019, the California legislature amended the California Arbitration Act (CAA) to require the party who drafts an arbitration agreement to pay all required arbitration...more
The California Supreme Court ruled that the Federal Arbitration Act (FAA) does not preempt the California Arbitration Act (CAA) provisions that require the drafter of the arbitration agreement to pay all arbitration invoices...more
In its August 11, 2025 decision in Hohenshelt v. Superior Court (S284498), the California Supreme Court clarified the reach of Code of Civil Procedure Section 1281.98, the 30-day arbitration fee payment rule. While...more
Case Background - A sanitation employee at Golden State Foods Corporation, signed an arbitration agreement governed by the Federal Arbitration Act (FAA) at the start of his employment. In 2020, after reporting alleged...more
Velarde v. Monroe Operations, LLC, 111 Cal. App. 5th 1009 (2025) - The Court noted “[t]here was extensive evidence of procedural unconscionability, with an adhesive contract, buried in a stack of 31 documents to be signed...more
Host Tom Godar welcomes to the show Husch Blackwell partner Jon Anderson to help him lead a two-part conversation with Howard Bellman, a fixture in the world of dispute resolution for many decades who has helped to shape the...more
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
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
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
In our previous article, “Pay Up or Lawsuit Up: The 30-Day Countdown That’s Fueling Arbitration Disputes,” we explored the legal and practical challenges posed by California’s 30-day arbitration fee payment rule, codified in...more
Since our last coverage of “headless PAGA lawsuits”—i.e., lawsuits in which a plaintiff disavows his individual PAGA claim and opts to pursue the claim only on behalf of others—significant developments have further...more
On May 19, 2025, Proskauer attorneys successfully compelled to arbitration an employment discrimination lawsuit that had been filed in the Los Angeles Superior Court. While the former employee claimed that she never signed...more
The American Arbitration Association (“AAA”) recently updated its “Employment/Workplace Arbitration Rules and Mediation Procedures” (formerly entitled the “Employment Arbitration Rules”), effective May 1, 2025. The updates to...more
Effective May 1, 2025, the American Arbitration Association (“AAA”) implemented significant revisions to AAA Employment/Workplace Arbitration Rules and Mediation Procedures. According to the AAA, these revisions aim to...more
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
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
In Lampo v. Amedisys Holding, LLC and Leisa Victoria Neasbitt, the South Carolina Supreme Court establishes important legal precedent regarding contract formation for arbitration agreements between employers and employees....more
Readers of this blog are, by now, aware of California’s judicial and legislative hostility toward arbitration. Over the last few months, however, employers have seen a surprising number of appellate victories in their...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
In a significant ruling on February 5, 2025, the U.S. Court of Appeals for the Second Circuit addressed the enforceability of an arbitration provision in an expired collective bargaining agreement (CBA) in the case of Xerox...more
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
There is no greater threat to an employment arbitration than Code of Civil Procedure section 1281.98, which mandates that the party who drafted the arbitration agreement pay the fees and costs of the arbitration within 30...more