California Employment Law Report

California Employment Law Report

The latest litigation trends, court decisions, & issues on California Employment Law

Tag Archives: class action waivers

Friday’s Five: Holiday edition

Posted in Uncategorized
Quick video on the five things California employers need to pay attention to in 2017. (Sorry for the wind noise in the video.) I briefly discuss the following five issues: 1) Augustus v. ABM Security Services: A new California Supreme Court decision about whether rest breaks during which security guards were required to monitor a… Continue Reading

Friday’s Five: Five Employment Law Considerations For 2016

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Meal and Rest Breaks, New Cases, Resources, Wage & Hour Law
Today’s Friday’s Five is a short video about five employment law considerations employers should review at the end of 2015.  As mentioned in the video, I will be conducting a webinar on December 2, 2015 for employers to understand and comply with new employment laws taking effect in 2016.  I will also discuss new case… Continue Reading

Five Things You Need To Know About Arbitration Agreements After The California’s Supreme Court’s Ruling In Iskanian v. CLS Transportation Los Angeles, LLC

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases, Wage & Hour Law
1. Arbitration Agreements: What Are They? Employers can agree that they and any employees who enter into an arbitration agreement will resolve their differences before a private arbitrator instead of civil court. There are many different arbitration companies to choose from, but the American Arbitration Association and JAMS are two of the larger ones that… Continue Reading

California Supreme Court Upholds Class Action Waivers: Iskanian v. CLS Transportation Los Angeles, LLC

Posted in Best Practices For California Employers, Class Actions, New Cases, Wage & Hour Law
Today, the California Supreme Court issued a ruling in Iskanian v. CLS Transportation Los Angeles, LLC regarding the enforceability of class action waivers in arbitration agreements. In upholding class action waivers in arbitration agreements, the Supreme Court explained in the introduction of the opinion: The question is whether a state’s refusal to enforce such a… Continue Reading

Plaintiff Cannot Bring Class Action In Arbitration Even When Arbitration Agreement Is Silent On Issue

Posted in Class Actions, New Cases, Wage & Hour Law
In Kinecta Alternative Financial Solutions v. Superior Court (wrd) held that a trial could improperly ordered a wage and hour class action to proceed in arbitration as a class action. The appellate court held that even though the arbitration agreement was silent on whether the parties agreed to arbitrate class claims, the fact that the… Continue Reading

The Enforceability of Class Action Waivers In The Employment Context

Posted in Best Practices For California Employers, Class Actions, Meal and Rest Breaks, New Cases, Wage & Hour Law
The National Labor Relations Board (NLRB) recently held in D.R. Horton, 357 NLRB No. 184, that a class action waiver in an arbitration agreement was unenforceable as it violates employees’ rights under the National Labor Relations Act (NLRA). Specifically, it held that employees have “the right ‘to engage in…concerted activities for the purpose of collective… Continue Reading
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