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
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Arbitration Clauses in Employee Contracts and Beyond
In its recent decision in Gerald Fazio Jr. v. Altice USA, the New Jersey Supreme Court continued its trend of enforcing strict contract formation requirements in consumer contract cases, serving as a counterbalance to the...more
Franchise agreements’ arbitration clauses are enforceable even when subsequent agreements between the same parties contain forum selection clauses requiring litigation in different forums. Additionally, a trial court’s...more
A federal district court judge in the Eastern District of Kentucky has enforced an ESOP’s arbitration clause, sending P.L. Marketing Inc. employees’ breach of fiduciary duty claims on behalf of a putative class to individual...more
Parties to an arbitration agreement sometimes choose to include a delegation clause, which is a provision that delegates to the arbitrator—rather than a court—gateway questions of arbitrability, such as whether the agreement...more
It is not unusual for users of a platform or of software to challenge the enforceability of a company’s terms of use if they take issue with the company’s product or service and decide to bring suit. As most terms of use...more
Arbitration agreements and class-action waivers have been important tools for employers seeking to reduce expense and exposure in cases brought by employees. These legal instruments have begun to be limited, though. ...more
Although federal courts in the US generally give deference to arbitration agreements, consistent with the mandate of the Federal Arbitration Act (FAA), bankruptcy courts often utilise an exception contained in the FAA and...more
The Ninth Circuit Court of Appeals has vacated a preliminary injunction issued in January 2020 that prohibited California from enforcing Assembly Bill 51 (“AB 51”), which barred employers from requiring employees to sign...more
Four recent developments highlight the benefit of arbitration clauses amidst uncertainty about choice of court clauses. Introduction - With the end of the Brexit transition period on 31 December 2020 fast approaching,...more
Arbitration provisions in employment contracts are not unusual. So when GrubHub, a fast-food delivery service, was sued by drivers for violating wage laws it filed a motion to enforce the arbitration clause in its service...more
The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state. These statutes are in...more
Mandatory arbitration provisions are not always enforced....more
Parties may want to resolve trust disputes in arbitration. There are perceived cost savings associated with arbitration, and arbitration can be quicker than normal litigation. But one of the main benefits is that the...more