Labor and Employment Law

Recent Posts

Court Says PAGA Representative Action Waiver Is Unenforceable Even Though Plaintiff Had Ability to Opt Out of Arbitration Agreement
Posted on 4 Mar 2015 by Robin Largent

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... Read More

NLRB Continues Reliance on D.R. Horton to Attack Employment Arbitration Agreements
Posted on 24 Jan 2014 by Robin Largent

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... Read More

Foley & Lardner Labor & Employment Weekly Update (Week of January 17, 2012)
Posted on 19 Jan 2012 by Foley & Lardner LLP

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 of class... Read More

Supreme Court Denies Review in Iskanian v. CLS Transportation
Posted on 21 Jan 2015 by Robin Largent

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... Read More

California Enacts New Laws Attacking Arbitration and Arbitration Agreements
Posted on 2 Oct 2014 by Robin Largent

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... Read More

Some Thoughts on Arbitration Agreements for Employees
Posted on 20 May 2015 by Jon Hyman

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... Read More

Ninth Circuit Further Weighs in on Arbitration Agreements
Posted on 31 Oct 2013 by Robin Largent

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... Read More

Is Your Arbitration Agreement Worth the Paper It's Printed On?
Posted on 27 Oct 2011 by Eric Meyer

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... Read More

The D.R. Horton Arbitration Saga: Now What?
Posted on 10 Dec 2013 by John Holmquist

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... Read More