California Labor & Employment Law Blog

Who Decides “Gateway” Issues of Arbitrability of Class/Representative Claims – a Court or an Arbitrator?

March 3, 2015 - 1:15 PM

By: Robin E. Largent

Last week, a California Court of Appeal issued a decision that provides important guidance on drafting of employment arbitration agreements.  In Universal Protection Service, LP v Superior Court (Franco), the employer had its employees sign an arbitration agreement.  The agreement was silent on the issue of class action/representative action claims, but generally...
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Court Says PAGA Representative Action Waiver Is Unenforceable Even Though Plaintiff Had Ability to Opt Out of Arbitration Agreement

March 3, 2015 - 12:04 PM

By: Robin E. 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.  In this latest case, Securitas Security Services USA, Inc. v. Superior...
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Supreme Court Denies Review in Iskanian v. CLS Transportation

January 20, 2015 - 11:55 AM

By: Robin E. 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 that a PAGA representative action waiver in an employment arbitration agreement is unenforceable.  Although...
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California Enacts New Laws Attacking Arbitration and Arbitration Agreements

October 1, 2014 - 1:18 PM

By: Robin E. 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, pre-dispute arbitration agreements in contracts for the provision of goods or services, to the extent an...
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Federal District Court in California Rules That Iskanian Is Wrong and That PAGA Representative Action Waivers Are Enforceable

August 28, 2014 - 10:23 AM

By: Robin E. Largent

Earlier this summer, the California Supreme Court ruled in Iskanian v. CLS that while class action waivers in employment arbitration agreements are enforceable, similar waivers of the right to bring a representative action under PAGA are not enforceable.  The Court reasoned that preventing a representative action under PAGA is contrary to California public policy...
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Ninth Circuit Further Weighs In on Class Waivers in Employment Arbitration Agreements

June 23, 2014 - 2:42 PM

By: Robin E. Largent

The California Supreme Court wasn’t the only court focused on arbitration agreements today.  The Ninth Circuit also issued a pair of decisions relating to the enforceability of class waiver provisions in employment arbitration agreements.  In both instances, the Ninth Circuit upheld the enforceability of the agreements. In the first case, Johnmohammadi...
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California Supreme Court Upholds Enforceability of Class Waivers in Arbitration Agreements, But Not PAGA Waivers

June 23, 2014 - 1:54 PM

By: Robin E. Largent

Today the California Supreme Court issued its much-anticipated opinion in Iskanian v. CLS Transportation, addressing the post-AT&T Mobility v. Concepcion enforceability of class and representative action waivers in employment arbitration agreements under California law.  The decision is a mixed bag for California employers.  On the positive side, the Court held, consistent...
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Arbitrator, Not Court, Gets to Decide Whether Arbitration Agreement Is Enforceable

May 19, 2014 - 11:05 AM

By: Robin E. Largent

Last week, a California Court of Appeal overturned a trial court decision denying an employer's petition to compel arbitration where the trial court found that the arbitration agreement was unconscionable.  In overturning the trial court's ruling, the Court of Appeal held that the trial court erred in even reaching the issue of...
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Blog Editor

Cal Labor Law

Robin E. Largent is a Partner in CDF’s Sacramento office and may be reached at 916.361.0991 or rlargent@cdflaborlaw.com BIO »

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