Seyfarth Synopsis. Pending California legislation would make a mandatory arbitration agreement an unlawful practice under the Fair Employment and Housing Act, and a crime. How could that be consistent with the Federal Arbitration Act?
Under current law, California businesses can insist that employees and contractors enter valid agreements to resolve disputes in front of a neutral arbitrator instead of a
Continue Reading Is California’s Latest Assault on Arbitration Constitutional?
Seyfarth Synopsis: California courts are often hostile towards defendants that seek to require litigious employees to honor their arbitration agreements. The defendant’s plight might seem more stark still if the defendant has not itself signed the agreement. But defendant employers still have means of enforcing such agreements, which can be especially significant in class actions claiming joint employment.
Despite the
Continue Reading No Signature? No Problem! Enforcing Arbitration Even Without Everyone Signing
Seyfarth Synopsis: Employers in California: be aware and prepare for new laws increasing minimum wages and mandating overtime pay for agricultural employees; expanding the California Fair Pay Act to race and ethnicity and to address prior salary consideration; imposing new restrictions on background checks and gig economy workers; and more. Small employers will be relieved the Governor vetoed expanded unpaid
Continue Reading 2016 California Labor and Employment Legislation Update: It’s Final!
Seyfarth Synopsis: On September 25 (yes, a Sunday), Governor Brown signed into law Senate Bill 1241. SB 1241, effective January 1, 2017, adds Section 925 to the Labor Code to restrain the ability of employers to require employees to litigate or arbitrate employment disputes (1) outside of California or (2) under the laws of another state. The only exception
Continue Reading SB 1241—What Happens in California Stays in California (Sorry, Vegas)
Seyfarth synopsis: It’s here: the 2016 edition of the popular and informative Cal-Peculiarities: How California Employment Law is Different. Order it here. Also, we report the results of our recent reader survey. Wage-hour Issues and Employment Termination were top of mind. Read on for more results.
FLEX YOUR PECS!
We are thrilled to announce that the 2016 edition
Continue Reading Things Are About to Get Cal-Peculiar! The 2016 Edition of Cal-Peculiarities is Here
On October 11—his very last day to sign or veto bills—Governor Brown vetoed the much-feared Assembly Bill 465. AB 465 would have banned mandatory agreements to arbitrate Labor Code claims as a condition of employment. At least for now, employers with such arbitration programs can breathe a sigh of relief. We previously reported about AB 465 in more detail here
Continue Reading Governor’s Pen Sends Anti-Employment Arbitration Bill to the Grave
October 11, 2015, was Governor Brown’s last day to sign bills the California Legislature presented to him following the first year of the 2015-2016 Legislative Session. Below is a summary of what did and did not make Governor Brown’s final cut, and some practical tips for California employers to prepare themselves for compliance with these new California peculiarities.
SIGNED BY
Continue Reading 2015 California Labor and Employment Legislation Update: It’s Final!
The California Legislature adjourned Friday evening, September 11, to close its 2015-16 Legislative Session. It sent a number of employment-related bills to Governor Brown for consideration by his October 11, 2015 deadline to sign or veto the bills. Below is a summary of those before him for consideration, as well as some significant bills he has already signed or that
Continue Reading 2015 California Labor and Employment Legislation Update: The End (of Session) Is Near…
On August 31, the California Legislature passed AB 465, aiming to “ensure that a contract to waive any of the rights, penalties, remedies, forums, or procedures under the Labor Code”—such as an arbitration agreement—is “a matter of voluntary consent.” This bill, now before Governor Brown for his approval, raises two big questions: (1) will the Governor sign the bill, and,
Continue Reading California Moves Toward Ban On Mandatory Arbitration of Labor Claims
In this season of family road trips and every parent’s favorite question from the back seat—“are we there yet?”—California employers on the road to arbitration recently received some good directions from the Supreme Court. As explained here by our very own Pam Vartabedian, the California Supreme Court recently smoothed over some bumps in that road, holding that reasonably balanced
Continue Reading “Are We There Yet?” The Road To Arbitration