Consumer Finance Monitor Podcast Episode: “Accidental Arbitration” -- A New Theory that Would Rein in Consumer Arbitration Clauses and the Scope of the FAA
Consumer Finance Monitor Podcast Episode: A Discussion of Industry and Consumer Perspectives on Mass Arbitration
California Employment News: The State of Mandatory Arbitration Agreements in California Employment
Podcast: California Employment News - The State of Mandatory Arbitration Agreements in California Employment
#WorkforceWednesday: NLRB Focuses on Severance Agreements, Supreme Court Opens Overtime to HCEs, Ninth Circuit Rejects CA's Mandatory Arbitration Ban - Employment Law This Week®
#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
California Employment News: US Supreme Court “Viking River” Decision Brings PAGA Relief for CA Employers
#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®
#WorkforceWednesday: New Law on Arbitration of Sexual Harassment Claims, Cyber War Ramps Up, Salaried Nonexempt Status - Employment Law This Week®
Employment Law Now VI-114-Banning Arbitration of Sexual Harassment/Assault Claims
Update and Discussion on Legal and Practical Issues
DE Under 3: OFCCP Contractor Portal & Request for Comments for Functional Affirmative Action Programs (FAAPs)
Employment Law This Week®: FAA Arguably Preempts California Law, New CA Employment Laws for 2020, CA Consumer Privacy Act Amended
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
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
On April 12, 2024, the United States Supreme Court issued a decision that answers the question of whether the Federal Arbitration Act’s (FAA) exemption from arbitration for any “class of workers engaged in foreign or...more
On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry....more
On April 12, 2024, the Supreme Court issued its decision in Bissonnette v. LePage Bakeries Park St., LLC, 601 U.S. __ (2024). It unanimously held that the exception to arbitration under Section 1 of the Federal Arbitration...more
CDF Wage and Hour Task Force – Monthly Blog - Enforceable arbitration agreements continue to provide California employers who are faced with wage and hour claims with significant benefits....more
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month. ...more
After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more
California’s Private Attorneys General Act (PAGA) authorizes current and former employees to bring a representative action for civil penalties on behalf of the state against an employer for Labor Code violations committed...more
On July 17, 2023, the California Supreme Court ruled that where an employee has brought a California Private Attorneys General Act (PAGA) action that is comprised of both individual and non-individual claims, a court order...more
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
California’s Private Attorneys General Act of 2004 (“PAGA”) allows employees to act as an “agent” of the State of California and recover civil penalties for violations of the Labor Code through a civil action filed on behalf...more
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
California’s Private Attorneys General Act (PAGA) is a statute that authorizes employees to bring an action for civil penalties on behalf of the state against an employer for Labor Code violations committed against the...more
On June 15, 2022, the United States Supreme Court issued its much anticipated decision in Viking River Cruises, Inc. v. Moriana. The Supreme Court held that California’s rule invalidating pre-dispute agreements waiving the...more
Earlier this week, the Supreme Court unanimously held in Morgan v. Sundance that litigants are no longer required to show prejudice when opposing a party’s delayed attempt to compel arbitration. Previously, an Eighth Circuit...more
On May 23, the U.S. Supreme Court resolved in Morgan v. Sundance whether a litigant seeking to establish waiver had to show prejudice resulting from an opposing party’s failure to timely enforce an arbitration provision under...more
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