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Is Your Arbitration Agreement Worth the Paper It's Printed On?

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 wrong. Plus, what you can do to make sure that your...

Foley & Lardner Labor & Employment Weekly Update (Week of January 17, 2012)

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 claims. On January 3, 2012, the NLRB ruled in D.R...

Ninth Circuit Further Weighs in on Arbitration Agreements

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 by striking down over a decade of California-based...

The D.R. Horton Arbitration Saga: Now What?

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 in class actions [ an enhanced version of...

NLRB Continues Reliance on D.R. Horton to Attack Employment Arbitration Agreements

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 basically takes the position that, unless overruled...

California Enacts New Laws Attacking Arbitration and Arbitration Agreements

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, pre-dispute arbitration agreements in contracts...

Supreme Court Denies Review in Iskanian v. CLS Transportation

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 that a PAGA representative action waiver in an...

Court Says PAGA Representative Action Waiver Is Unenforceable Even Though Plaintiff Had Ability to Opt Out of Arbitration Agreement

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 Court’s decision in Iskanian v. CLS Transportation...

Some Thoughts on Arbitration Agreements for Employees

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 in the restaurant’s men’s bathroom...