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Tag Archives: arbitration

Ninth Circuit Weighs In On Class Action Waivers

Posted in Employment Contracts and Agreements

A new decision from the U.S. Court of Appeals for the Ninth Circuit continues to leave employers uncertain as to the enforceability of class action waivers in arbitration agreements.  The Seventh and Ninth Circuits are on one side of the issue, and the Second, Fifth, Eighth, and Eleventh Circuits on the other.  The Seventh and… Continue Reading

California Legislature Attempts to Ban Employment Arbitration Regarding Labor Claims

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

On August 31st, the California Legislature passed a new bill (AB 465) to ensure that waivers of employment rights and procedures, often through arbitration agreements, are made voluntarily and not as a condition of obtaining or keeping employment. As the Wall Street Journal recently reported, the number of companies using arbitration agreements in the workplace… Continue Reading

Really? Again? – Another California Case Finds that the Parties’ Arbitration Agreement Will Not Govern their Dispute -in this Case a Dispute Centered on Whether or Not the Workers Were Independent Contractors or Employees

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

By:   Lizbeth V. West, Esq. There is a relatively long list of California cases that stand for the proposition that certain types of employment disputes are not subject to arbitration. On October 17, 2012, the Second District Court of Appeal’s decision in Elijahjuan et al v. Superior Court of LA County (Mike Campbell & Associates, Ltd.,… Continue Reading

Employers: Relying on an Arbitration Provision In Your Employee Handbook May Not Protect You

Posted in Employment Contracts and Agreements

By:James Kachmar As this blog frequently reminds its readers, California state courts take a hard look at arbitration agreements in the employment context. The recent case: Sparks v. Vista Del Mar Child & Family Services, from the Second Appellate District of California provides additional support for why employers need to be extra careful in establishing… Continue Reading

Employers – Have You Checked Your Documents Lately?

Posted in Employment Contracts and Agreements, Labor Law

By: James Kachmar As you know, documentation is essential to performing even routine HR functions. You have potential employees fill out numerous pre-hire documents. You have employees sign employment agreements and other documents when hired. During the course of employment, you have employees sign additional documents, such as acknowledgments regarding your employee handbook, change in… 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.