Tag Archives: Arbitration Agreements

It’s Official: Newsom Expands The Definition of “Employee” Under California Law

Timothy KimBy Timothy Kim on Posted in Arbitration Agreements, California Legislative Update, Class Actions, Discrimination, FEHA, Independent Contractors, Wage and Hour
On September 18 2019, Governor Gavin Newsom signed into law AB-5, which codified the California Supreme Court’s Dynamex v. Superior Court decision.  In Dynamex, the California Supreme Court adopted the so-called “ABC” test to determine coverage under the Industrial Welfare Commission (“IWC”) Wage Orders.  AB-5 expands the application of the ABC test to the entire … Continue Reading

Three Major Workplace Bills to Land on Gov. Gavin Newsom’s Desk

Timothy KimBy Timothy Kim on Posted in Arbitration Agreements, California Legislative Update, Class Actions, Discrimination, FEHA, Independent Contractors, Wage and Hour
Following the launch of the so-called “MeToo” movement, the California Legislature (controlled by a Democratic supermajority) has aggressively churned out new bills that further strengthen the ability for workers to sue their employers and increase the already-significant regulatory burden on these companies. This fall, the California Legislature is geared to send three significant bills to … Continue Reading

U.S. Supreme Court Upholds Enforceability of Mandatory Employment Class Action Waivers

Thomas KaufmanJoni L. NoggleBy Thomas Kaufman and Joni L. Noggle on Posted in Arbitration Agreements, Class Actions, National Labor Relations Act, National Labor Relations Board, SCOTUS, Wage and Hour
On May 21, 2018, the United States Supreme Court upheld the legality of arbitration agreements containing class action waivers. In a 5-4 decision written by Justice Gorsuch, the Court held that arbitration agreements providing for individualized proceedings were valid, and neither the Federal Arbitration Act’s (“FAA”) savings clause, nor the National Labor Relations Act (“NLRA”) suggest otherwise.… Continue Reading

Congress Considers Limiting Pre-dispute Arbitration Agreements in the Employment Context

Garen DodgeNamal TantulaBy Garen Dodge and Namal Tantula on Posted in Arbitration Agreements, Federal Arbitration Act (FAA)
Many employers require employees to sign arbitration agreements at the inception of the employment relationship and prior to any disputes, such as part of their new hire packets or as a condition of their employment.  Recently, Congressional Democrats have introduced legislation to invalidate such pre-dispute arbitration agreements.… Continue Reading

Agencies Publish Strict New Reporting Guidelines for Government Contractors

Garen DodgeHilary HabibBy Garen Dodge and Hilary Habib on Posted in Arbitration Agreements, Blacklisting, Fair Pay and Safe Workplaces, Federal Government Contractors, Reporting Requirements
[UPDATE] On March 27, 2017, President Donald Trump signed into law a Congressional Review Act (“CRA”) resolution repealing the so-called “blacklisting” rule, which would have imposed strict labor reporting and other requirements upon government contractors. This was followed by an Executive Order (“EO”) signed by President Trump the same day, effectively nullifying President Barack Obama’s … Continue Reading

Ninth Circuit Invalidates Arbitration Agreement

Jason KearnaghanMelanie M. HamiltonThomas KaufmanBy Jason Kearnaghan, Melanie M. Hamilton and Thomas Kaufman on Posted in Arbitration Agreements, Class Actions, Federal Arbitration Act (FAA), National Labor Relations Act, National Labor Relations Board
On August 22, 2016, the Ninth Circuit joined the Seventh Circuit in the split amongst U.S. Circuit Courts of Appeal on the issue of enforceability of employment arbitration agreements precluding class actions. The Ninth Circuit, similar to the Seventh Circuit in Lewis v. Epic Sys. Corp., held in 2-1 decision that an employer violates the … Continue Reading

Seventh Circuit Holds Class Action Waivers are Unlawful and Unenforceable Creating a Circuit Split

Sean KirbyBy Sean Kirby on Posted in Arbitration Agreements, Class Actions, Collective Bargaining, Employment Agreements, Fair Labor Standards Act (FLSA), Federal Arbitration Act (FAA), National Labor Relations Act, National Labor Relations Board, NLRB, Wage and Hour
On May 26, 2016, in the matter of Lewis v. Epic Systems Corporation, the U.S. Court of Appeals for the Seventh Circuit held that an arbitration agreement, which required employees to submit to individual arbitration for any wage and hour claims against the company, violates the National Labor Relations Act (“NLRA”) and is unenforceable under … Continue Reading
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