Eric Witt

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California Employers Continue to Face Challenges Enforcing Arbitration Agreements

California employers that seek to enforce arbitration agreements with their employees may feel like they are playing the game of “Whack-A-Mole.” For those unfamiliar, the game of “Whack-A-Mole” is played on a machine with a table-like play area top, an elevated display screen and a large, soft mallet. Five to eight holes in the play … Continue Reading

California’s October State Law Updates: What Employers Need to Know

Throughout October 2025, California Governor Gavin Newsom signed multiple employment-related Bills into law. These new measures address a wide range of workplace-related matters, including regulations aimed at the use of artificial intelligence, updates on paid leave, and amendments to mediation procedures. While some of these Bills will be subject to legal challenges that delay or … Continue Reading

Supreme Court of California Concludes That Only Willful, Grossly Negligent, or Fraudulent Failure by an Employer to Timely Pay Arbitration Fees Results in a Loss of Arbitral Rights

In Hohenshelt v. Superior Court, No. S284498, the Supreme Court of California addressed whether the Federal Arbitration Act (“FAA”) preempts California Code of Civil Procedure section 1281.98, a provision within the California Arbitration Act that governs the payment of fees in employment and consumer arbitrations.  In 2019, the California Legislature enacted section 1281.98, which seemed … Continue Reading
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