Category: Arbitration: Employment

Arbitration, Employment, FAA: Employee Successfully SLAPPS Employer Who Sued Employee For Breach Of Contract For Failing To Arbitrate His Claims

September 23, 2018 · Arbitration: Employment, Arbitration: Federal Arbitration Act

Court Of Appeal Also Holds That The Federal Arbitration Act (FAA) Does Not Preempt California's Anti-SLAPP Statute. This dispute began in 2012 when Ruiz filed a putative class action against Moss Bros. Auto Group, Inc. (MBAG) for employment- related claims. By the time we get to the instant appeal, Moss Bros. Toy, Inc. […]

Arbitration, Appealability, Jurisdiction: Order Denying Petition To Vacate Award Is Appealable As Order Dismissing Petition — But The Trial Court Properly Dismissed Petition To Vacate “Partial Interim Award” For Lack Of Jurisdiction

August 21, 2018 · Arbitration: Appealability, Arbitration: Employment, Arbitration: Jurisdiction, Arbitration: Section 1286.2 Vacatur

"Partial Final Award" Did Not Constitute An Award Immediately Reviewable By Superior Court. Maplebear, Inc. v. Donna Busick, No. A151677 (1/2 8/21/18) affirms the trial court's order dismissing Maplebear's (Instacart's) petition to vacate an award, which award was dismissed for lack of jurisdiction. Instacart is a same-day grocery delivery service, and the dispute […]

Arbitration: Construction Of Agreement; Employment; PAGA; Severability: 2/6 DCA Decides PAGA Waiver Is Unenforceable And PAGA Waiver Was Not Severable From Remainder Of Agreement Due To Differences Between English And Spanish Versions Signed By Employee

July 5, 2018 · Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: PAGA, Arbitration: Severability

Different Handbook Versions Seen As Negligent Or, At Worse, Deceptive. This case involved interesting PAGA waiver and severability issues under a very specific factual setting fraught with confusion. The situation went this way: Employer, during the employment of plaintiff hourly employee in Ventura, adopted a policy requiring arbitration of legal claims arising from […]

Arbitration: Class Action, Waiver, FAA, Employment: Employment Contract Providing For Individualized Arbitration Provisions Not Invalidated By The Federal Arbitration Act’s Savings Clause, The Fair Labor Standards Act, Or National Labor Relations Act

May 22, 2018 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

FAA Collective Actions And Related State Law Class Actions Governed By Individualized Arbitration Proceedings Under Employment Contract. On May 21, 2018, the United State Supreme Court issued its decision in Epic Systems Corp. v. Lewis, 584 U.S. __, No. 16-285. SCOTUS decided that the FAA instructed federal courts to enforce individualized arbitration proceedings under an […]

Arbitration/Unconscionability: CCA 2/8 Finds Arbitration Agreement Unconscionable Where It Overly Limited Discovery And Exempted Employer Claim For Injunctive Relief From Arbitration

October 31, 2017 · Arbitration: Employment, Arbitration: Unconscionability

But Procedural Unconscionability Was Low. After Diaz and Martinez filed suit for various employment-related claims, their employer Hutchinson moved unsuccessfully to compel arbitration, and appealed. Diaz et al. v. Hutchinson Aerospace & Industry, Inc., et al., B271563 (2/8 10/27/17) (Flier, Bigelow, Rubin) (unpublished). The Court of Appeal followed the template for […]

Arbitration, Class Action, Waiver, FAA, Employment: Oral Argument For Epic Systems Corp v. Lewis And Consolidated Cases Is Now Available On-Line

October 9, 2017 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Epic Systems Corp. And Consolidated Cases Pit FAA Against NLRA. Does the right to arbitrate a case under the Federal Arbitration Act trump the right of employees to engage in concerted activity under the National Labor Relations Act by filing a class action lawsuit against an employer? Oral argument in Epic […]

Arbitration, Class Action, Waiver, FAA: We Eagerly Wait The First Monday In October, And The SCOTUS Hearing On Three Consolidated Arbitration Cases

September 28, 2017 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

A Couple Of New Tidbits From SCOTUS Blog. Amy Howe posted again in SCOTUSBlog on September 25, 2017, about the upcoming hearing on October 2 of Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and National Labor Relations Board v. Murphy Oil USA, cases requiring SCOTUS to reconcile the Federal […]

Arbitration/Class/Employment: When Worlds Collide — SCOTUS Will Hear Major Arbitration Cases Pitting NLRA Against FAA At Beginning Of New Term

September 21, 2017 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act

Headline Of Article In The Economist Neatly Sums Up The Stakes: "Can Companies Block Employees' Class-Action Lawsuits?" Steven Mazie has authored an article in the September 20, 2017 online edition of The Economist about the competing interests at stake in the three arbitration cases that SCOTUS will hear on October 2 at the […]

Arbitration, Employment, Class Actions, Waivers: Anita Hill’s Op-Ed In NYT Today Argues Class Actions Could Fight Discrimination In Tech, But Soft-Pedals Obstacle Of Arbitration/Class Action Waivers

August 8, 2017 · Arbitration: Class, Arbitration: Employment, Arbitration: Waiver

My Mini-Comment Is Posted To NYT Website. Anita Hill, who famously testified during Justice Clarence Thomas's confirmation hearing, has written an Op-Ed for the NYT entitled, "Class Actions Could Fight Discrimination In Tech", appearing on-line today, August 8, 2017. She observes, uncontroversially: "Women in tech no doubt have hurdles to bringing class-action lawsuits, including […]

Arbitration, PAGA: Fifth District Holds That Claims To Recover Wages Under Labor Code Section 558 Are Not A Representative Action Under PAGA, And Therefore Can Be Arbitrated

August 2, 2017 · Arbitration: Employment, Arbitration: PAGA

Employers Strive To Close The PAGA Representative Action Escape Hatch From FAA Preemption And Arbitration. Ever since the California Supreme Court held in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal.4th 348 (2014) that Private Attorneys General Act of 2004 (PAGA) representative actions are not subject to arbitration, employers preferring arbitration have struggled […]