Co-authored by Colleen Regan and David Kadue
Gentry is dead. Back in 2007, the California Supreme Court, in Gentry v. Superior Court held that California public policy favoring class actions was so important that employers cannot have employees, in arbitration agreements, waive their right to pursue a class action. Many thought that the Gentry rule contradicted the Federal Arbitration Act,
Continue Reading BREAKING NEWS RE CALIFORNIA CLASS ACTION WAIVERS: GENTRY IS DEAD; LONG LIVE PAGA.
Co-authored by Christina F. Jackson and Julie G. Yap
While employers have been waiting patiently for the California Supreme Court’s decision regarding the enforceability of class and representative action waivers in arbitration agreements, last week, a California federal court jumped into the fray and held that state law rules are powerless against the broad preemptive power of the Federal
Continue Reading Preempt This! California Federal Court Holds that Federal Law Preempts State Law Rules Against Waivers in Arbitration Agreements
Authored by Jim Harris
The California Supreme Court heard oral argument in two important cases involving employment-related class actions. From the tenor of and comments made at the argument, it appears likely that the ultimate results will be a mixed bag for employers.
The first case, Iskanian v. CLS Transportation of Los Angeles, LLC, which we reported on late
Continue Reading Let’s Play Two: California Supreme Court Hears Oral Argument in Two Important Class Action Cases
Co-authored by Joshua Seidman and Nadia Bandukda
D.R. Horton Who? Who is not the question here, it is why and what is going on with the NLRB saga? Last week, the NLRB filed a petition for rehearing with the Fifth Circuit seeking reconsideration and reversal of the appellate court’s December 2013 decision regarding employee class action waivers.
The Board’s petition
Continue Reading D.R. Horton Rehears a Who: NLRB Files Petition for Rehearing with Fifth Circuit
Authored by Robert S. Whitman
In a decision that management lawyers hope was not an April Fool’s prank, the Fourth Circuit earlier this week upheld an arbitration agreement with a class action waiver, reversing a district court decision that held the waiver unenforceable.
In so holding, the appeals court signaled its continued adherence to the holding in AT&T Mobility LLC
Continue Reading Concepcion Prevails Again: Class Action Waiver Upheld by Fourth Circuit
By Julie Yap and Brandon McKelvey
As this blog recently covered, in September the California Supreme Court granted review in Iskanian v. CLS Transportation Los Angeles, LLC to decide whether class action waivers in employment arbitration agreements are enforceable under California law. This week, another Court of Appeal added its opinion on this issue, holding that despite the United
Co-authored by Richard Alfred and James Hlawek
A Massachusetts Superior Court judge recently invalidated an arbitration class action waiver, even though the U.S. Supreme Court found in its AT&T Mobility LLC v. Concepcion ruling earlier this year that federal law preempts state laws that interfere with an employer’s ability to enforce arbitration agreements with class action waivers. This ruling shows
Continue Reading Your Arbitration Class Action Waiver May Not Be Enforceable in Massachusetts