Archives: Arbitration

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United States Supreme Court Declines to Review California Supreme Court Decision Erecting Barriers Against Arbitrating Private Attorneys General Act Claims

On January 20, the United States Supreme Court denied a motion for certiorari filed by CLS Transportation which was appealing the California Supreme Court’s decision in Iskanian v. CLS Transportation, about which we blogged in June. While Iskanian generally vindicated employers’ right to enforce class action bans in arbitration agreements, the California Supreme Court distinguished … Continue Reading

The Dangers of Obtaining Electronic Signatures for Arbitration Agreements

In an effort to go paperless, many employers send and obtain signatures for important employment documents electronically.  A decision issued by the California Court of Appeal on December 23, 2014 highlights the dangers employers may face when relying on an entirely electronic system.  In Ruiz v. Moss Bros. Auto Group, Inc. [pdf] (Case No. E057529), … Continue Reading

US Appeals Court Says Collective Action Waiver in Separation Agreement Unenforceable As Improper Limit on FLSA Rights

As we’ve reported here and here, recent decisions from the US Supreme Court, federal appellate courts, and more recently, even the California Supreme Court (see here) have clarified that class and collective action waivers in arbitration agreements, including those that waive employees’ right to bring a claim under the federal Fair Labor Standards Act (FLSA) … Continue Reading
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