by Robin Largent
Last week a California Court of Appeal addressed various issues relating to the enforceability of an employment arbitration agreement containing a class action and representative action waiver in the wake of the California Supreme...
As many predicted, the Fifth Circuit’s recent invalidation of the NLRB’s D.R. Horton decision has not caused the NLRB to revise its enforcement position on the subject of class action waivers in employment arbitration agreements. The NLRB...
NLRB Declares Arbitration Agreements
Prohibiting Class Action Claims Unlawful
by Susan R. Maisa
The NLRB has decided to enter the fray in a big way as to
the enforceability of arbitration agreements that do not allow for arbitration
Today, the United States Supreme Court issued an order denying review of the California Supreme Court’s decision in Iskanian v. CLS Transportation . CLS Transportation had petitioned for review of the California Supreme Court’s recent ruling...
On the last day to sign or veto bills this legislative session, California’s Governor signed into law two bills clearly aimed at attacking and limiting arbitration and arbitration agreements in California. The first, AB 2617 , prohibits mandatory...
Recently, the Cuyahoga County Court of Appeals stymied an attempt by an employer to enforce an arbitration agreement against an employee. The employer was a Burger King franchise and the employee was a former employee claiming she was raped by her supervisor...
This week, the Ninth Circuit has issued two new decisions on the enforceability of arbitration agreements post- Concepcion . In the first case, Ferguson v. Corinthian Colleges , the court issued an opinion favoring enforcement of arbitration agreements...
Courts have blessed written agreements between employer
and employee to submit federal discrimination claims to arbitration. Here
is an example.
But, there's legal and then there's doing
right. Below, how one employer got it wrong. Very...
The long awaited decision of the 5th Circuit in D.H. Horton, Inc.. v. NLRB was issued on Tuesday, and a split panel disagreed with the NLRB that the employer violated the Act by requiring employees to sign an arbitration agreement which precluded participation...