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Results: 1-10 of 37

The Supreme Court’s denial of certiorari in Iskanian only hardens the federal-state divide over PAGA claims

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 21 2015

The divide continues between California and federal law on whether an arbitration agreement can entirely waive an employee’s ability to seek

The widening California divide: the rejection of Iskanian by federal district courts and potential resolution

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 6 2015

In an October 22, 2014, posting, we addressed the growing divide between California federal district courts and the California Supreme Court over

Concepcion breathes new life into class action waiver in arbitration agreement: California Court of Appeal affirms order compelling arbitration of claims on individual basis

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • June 8 2012

After the California Supreme Court decided Gentry v. Superior Court (2007) 42 Cal.4th 443, class action waivers in arbitration agreements were on life support, with their supporters holding fast to the hope that some modern miracle would come along to resuscitate them

High-court showdown looming? NLRB defends D.R. Horton Section 7 decision with full-throated rebuttal in Murphy Oil

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • November 4 2014

In the wake of Federal Circuit courts rejecting its position on the issue of class action waivers, the National Labor Relations Board is digging in

NLRB arbitration ruling raises stakes of decision in CompuCredit for hospitality industry

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 12 2012

The enforceability of class action waivers was one of the bigger stories in 2011

D.R. Horton on steroids: NLRB invalidates arbitration agreement without class waiver

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 28 2014

As reported previously here, the National Labor Relations Board ("NLRB" or the "Board") in D.R. Horton, Inc., 357 NLRB No. 184 (2012), held that

New case regarding enforceability of arbitration agreements

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 3 2008

California employers may not rely upon provisions in employee handbooks, referring to the signing of an arbitration agreement as a condition of employment, as evidence that an employee is bound to arbitrate employment-related disputes

The possible price of inaction following Concepcion

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 17 2011

The practical impact of AT&T Mobility v. Concepcion is already starting to become apparent

New York court rejects D.R. Horton; orders arbitration despite class action waiver

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • January 19 2012

A great deal of intellectual energy has been spent on the issue of whether various employment arbitration agreements are enforceable, but the debate pretty much comes down to two camps

Pennsylvania court compels arbitration of both class and collective action claims

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • December 5 2011

Another court has weighed in in favor of enforcing an arbitration agreement containing a class action waiver in the wake of the United States Supreme Court’s decision in AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740, 1746 (2011