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
The highly compensated employee (HCE) exemption under the Fair Labor Standards Act (FLSA) is one of the most complex exemptions in employment law. In the recent case of Gilchrist, et. al. v. Schlumberger Technology Corp.(5th...more
The use of arbitration agreements between employers and employees is a long-standing practice that has become an integral part of employment dispute resolution across the country. Employers often use arbitration agreements...more
The Ninth Circuit Court of Appeals recently struck down a California law that prohibited employers from mandating the arbitration of workplace disputes. This puts arbitration back in play in California for most employment...more
On February 15, 2023, the Ninth Circuit Court of Appeals blocked a 2020 California law that attempted to prohibit employers from requiring employees and job applicants to agree to arbitration as a condition of employment. The...more
As we have seen in just the past few weeks of the new year, laws are rapidly changing for employers. Following our Employment Law Update webinars provided to Private Sector and Non-Profit Employers, and Public Entity...more
As we previously reported here, in Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021), a three member panel of the Ninth Circuit Court of Appeals resurrected California Labor Code Section 432.6, which...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
Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act), which amends the Federal Arbitration Act (the FAA) and prohibits employers from requiring...more
In the last month, the U.S. House of Representatives and U.S. Senate have approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Ending Forced Arbitration Act), which was signed into law by...more
As anticipated, on March 3, 2022, President Biden signed The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445). The law takes effect immediately. As explained in our prior blog, in...more
Since the onset of the #MeToo movement, allegations of sexual harassment in the workplace are frequently spotlighted in the news and on social media. Still, many claims between employers and employees are resolved outside of...more
Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more
As suggested by its previous motion, the U.S. Chamber of Commerce has filed a petition for rehearing en banc after a divided panel of the U.S. Court of Appeals for the Ninth Circuit found the Federal Arbitration Act (FAA) did...more
A recent 9th Circuit ruling has cast doubt on employers’ ability to implement mandatory arbitration agreements for workers, and whether (and to what extent) there will be civil and criminal penalties for doing so. Until the...more
This week, the Ninth Circuit considers a challenge to the constitutionality of the FAA’s regulations governing drug and alcohol testing for air-carrier employees, and it wrestles with difficult choice-of-law questions...more
- On July 13, 2020, the New York Supreme Court in Andowah Newton v. LVMH Moët Hennessy Louis Vuitton Inc., Sup. Ct., N.Y. County, July 13, 2020, J. Nock, Index No. 154178/2019, slip op at p. 16, allowed the plaintiff employee...more
In many private arbitration agreements entered into in the non-union context, employers and employees agree that the proceedings shall remain confidential. On June 19, 2020, the Board addressed whether a confidentiality...more
The New Year brings new laws for Illinois employers. Some laws go into effect this Summer, while others are effective as of this month. For employers who have not yet revised handbooks, policies and agreements, the time is...more
California employers just received a last-minute reprieve from complying with a newly enacted law that aims to prevent them from utilizing mandatory arbitration agreements with their employees – at least for now. A federal...more
The Equal Employment Opportunity Commission yesterday withdrew its 1997 policy statement that had disapproved of the practice of requiring workers to enter into arbitration agreements to resolve workplace discrimination...more
On October 13, 2019, California Governor Gavin Newsom signed into law Assembly Bill 51 (“AB 51”). In a momentous upheaval of existing law, AB 51 prohibits California employers from requiring employees to agree to arbitrate...more
As we previously reported, on August 12, 2019, New York State Governor Andrew Cuomo signed into law significant legislation to expand workplace anti-discrimination protections. The State has now updated its FAQs to provide...more