Tag: Arbitration

News
June 29, 2022
California employment law is often in tension with federal law. And that occasionally leads to consequences. Recently, in a highly anticipated case named Viking River Cruises v. Moriana, the U.S. Supreme Court ruled that California’s ban on mandatory arbitration of so-called individual PAGA claims is invalid (i.e., “preempted”) under federal law.
News
June 14, 2022
Arbitration is a hot topic. In a key decision in Morgan v. Sundance, Inc., the United States Supreme Court recently made it easier for a party to argue that an opponent has waived its right to arbitrate a matter. Until the decision in Morgan, parties would routinely initiate legal action in courts against an adversary despite having a written agreement to arbitrate disputes arising from that agreement (the reason for this varied, but included the desire to burden an opponent with the need to file a motion to compel arbitration).
News
March 22, 2022
On March 17, 2022, the United States House of Representatives passed the Forced Arbitration Injustice Repeal Act (“FAIR Act”). If enacted into law, the FAIR Act would prohibit businesses from requiring workers and patrons to air disputes against them in arbitration (as opposed to in court). The FAIR Act comes on the heels of a recent anti-arbitration law (i.e., Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act) that President Biden signed this year—a law much narrower in scope than the FAIR Act.
News
February 16, 2022
Last week, the United States Senate passed H.R. 4445, titled “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.”  The bill, which President Biden is expected to sign into law, will make pre-dispute arbitration agreements between employers and their employees unenforceable when it comes to sexual harassment or sexual assault disputes.