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California court rejects class action waivers in employment arbitration agreements

Proskauer Rose LLP
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USA
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April 1 2013

The California Court of Appeal has rejected a class action waiver in an employment agreement on the basis that the waiver (or agreement) was

Second Circuit mandates arbitration for Title VII class action

Proskauer Rose LLP
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USA
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March 27 2013

On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff

Eastern District of Virginia rules that employer cannot arbitrate False Claims Act retaliation claims

Proskauer Rose LLP
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USA
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March 15 2013

On Wednesday, the Eastern District of Virginia declared an arbitration provision in an independent contractor agreement unconscionable, clearing the

California court upholds arbitration agreement

Proskauer Rose LLP
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USA
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January 11 2013

Maribel Baltazar sued her former employer, Forever 21, Inc., alleging she was constructively discharged and subjected to discrimination and harassment

FINRA rule amended: whistleblower claims not subject to mandatory arbitration

Proskauer Rose LLP
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USA
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November 26 2012

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd Frank) amended the whistleblower provision in Section 806 of the Sarbanes-Oxley Act of 2002 (SOX) to state that pre-dispute arbitration agreements that require arbitration of a dispute arising under that section are invalid and unenforceable, and that Section 806 rights cannot be waived through a pre-dispute arbitration agreement or otherwise

OSHA announces ADR pilot program

Proskauer Rose LLP
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USA
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November 19 2012

The Occupational Safety and Health Administration (OSHA), which is charged with enforcing the whistleblower protection provisions in 22 separate statutes ranging from Section 806 of the Sarbanes-Oxley Act of 2002 to environmental statutes to the Safety Transportation Assistance Act will pilot a new conflict resolution program for whistleblower claims

California court criticizes prior case law invalidating class action waivers, then punts to state Supreme Court

Proskauer Rose LLP
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USA
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August 10 2012

California law involving classwide wage-and-hour arbitration continues to evolve in the aftermath of the United States Supreme Court’s landmark decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), which generally prohibits states from requiring additional due process guarantees (not required under the Federal Arbitration Act) for enforcing arbitration agreements

California court approves class action waivers in employment arbitration agreements

Proskauer Rose LLP
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USA
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June 11 2012

The plaintiff in Iskanian v. CLS Transp. Los Angeles, LLC, brought a putative class action and a representative action under California’s Private Attorney General Act (PAGA) for various wage and hour violations

Employees must live with their agreements; California Court of Appeal affirms class action waivers in employment arbitration contracts

Proskauer Rose LLP
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USA
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June 8 2012

The California Court of Appeal has confirmed that class action waivers are enforceable in California employment arbitration agreements

Nibbling away at Concepcion

Proskauer Rose LLP
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USA
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January 11 2012

In AT&T Mobility v. Concepcion, 563 U.S. __, 131 S. Ct. 1740 (2011), the Supreme Court upheld a waiver of class arbitration in a consumer contract

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