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Tag Archives: arbitration agreement

Settling Individual Labor Code Violations Kills PAGA Claims

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

On December 29, 2017, in Kim v. Reins International California, Inc., the Second District Court of Appeal in Los Angeles ruled that a plaintiff no longer has standing to assert PAGA claims once the plaintiff has settled and dismissed his individual claims against his employer. This decision could have far-reaching implications in PAGA litigation, changing… Continue Reading

The New PAGA-Waiver Trap Door

Posted in Employment Contracts and Agreements, Labor Law, Wage & Hour

Many employers have arbitration agreements wherein employees agree to waive the right to file a lawsuit against the employer under various laws, including the California’s Private Attorney General Act (“PAGA”).  Employers were disappointed when the California Supreme Court ruled last June that such waivers of PAGA lawsuits are invalid, at least in state court.  See… Continue Reading

Courts Lack Jurisdiction to Determine Whether an Arbitration Agreement is Enforceable?

Posted in Employment Contracts and Agreements, Labor Law

A California Court of Appeal decision issued on May 15, 2014 (Tiri v. Lucky Chances, Inc., Case No. A136675) decided that the parties to an arbitration agreement may, by agreement, deprive a civil court of jurisdiction to determine whether an arbitration agreement is enforceable. Several years after she was hired, Lourdes Tiri signed an agreement… Continue Reading

Closing The Gap Left By Brinker RE Meal-And-Rest-Period Class Actions

Posted in Employment Contracts and Agreements, Labor Law, Wage & Hour

By: Brendan J. Begley The California Court of Appeal this week provided a shield to employers against attacks left open by the state Supreme Court’s momentous decision earlier this month concerning meal and rest periods. The appellate court in Kinecta Alternative Financial Solutions Inc. v. Superior Court (Malone), No. B235491, decided that a trial court… Continue Reading

Recent Developments Warrant Review of Arbitration Agreements

Posted in Employment Contracts and Agreements

By: Brendan J. Begley An employer’s ability to have disputes with employees resolved by arbitrators instead of courts had some ups and downs in recent days. One of those developments suggests that employers should review and perhaps revise their arbitration agreements to keep them enforceable in state court. The other development indicates that arbitration agreements… Continue Reading

Class Action Waivers in Arbitration Agreements: One Step Forward, Two Steps Back! Class Action Waivers a Violation of the National Labor Relations Act

Posted in Employment Contracts and Agreements, Labor Law, Wage & Hour

If you thought all the news from the NLRB these days had to do with Posters and Recess appointments, think again. On January 6, 2012, the National Labor Relations Board emphatically rejected an arbitration agreement that required employees to waive their class action rights. This opinion squarely rejected the U.S. Supreme Court ruling last year… Continue Reading

California Pre-Employment Arbitration Agreement Ruled Unconscionable

Posted in Employment Contracts and Agreements

By:     Chelcey E. Lieber Including arbitration provisions in employment agreements or employee handbooks is not a guaranteed way to avoid the courtroom. On January 3, 2012, the California Court of Appeal upheld a decision from the Sacramento County Superior Court holding that an arbitration provision contained in a pre-employment agreement was unconscionable, and, therefore, unenforceable.