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Lewis v. Epic Systems Opinion - Seventh Circuit Swimming Against the Tide on Mandatory Individual Arbitration
  • Baker & Hostetler LLP
  • USA
  • May 31 2016

In a sweeping May 26 opinion, the U.S. Court of Appeals for the Seventh Circuit shook up the arbitral landscape and created a remarkable circuit


California appellate court orders arbitration and rules that claims may not proceed on behalf of a class plaintiff in Macy's OT action gets what she bargained for
  • Baker & Hostetler LLP
  • USA
  • January 31 2013

A recent decision from a California Court of Appeals reflects a growing, if at times reluctant, acceptance by California courts of employment


Arbitrating PAGA Claims: The Ninth Circuit Compels It in the Valdez Case
  • Baker & Hostetler LLP
  • USA
  • March 8 2017

So much case law has come down in the past several years regarding California’s Private Attorneys General Act (PAGA) - and its ability to withstand


Employer's unilateral right to modify employee handbook invalidates employee dispute arbitration agreement
  • Baker & Hostetler LLP
  • USA
  • February 19 2009

A Texas Court of Appeals recently held that an employer's arbitration policy was unenforceable because the policy was conditioned upon an illusory promise


District Judge Rules Uber’s Arbitration Agreements Unenforceable on Public Policy Grounds
  • Baker & Hostetler LLP
  • USA
  • December 11 2015

On September 2, we addressed the much-publicized O’Connor v. Uber Technologies, Inc. case (No. 13-cv-03826-EMC) pending before the U.S. District


Reining In Individual Arbitration - Ninth Circuit Rules Class Waivers Unenforceable
  • Baker & Hostetler LLP
  • USA
  • August 24 2016

In a 2-1 ruling, the Ninth Circuit became the second federal court of appeals to agree with the National Labor Relations Board’s (NLRB) position that


Justices pass on second opportunity to resolve the California PAGA divide in the Bridgestone case
  • Baker & Hostetler LLP
  • USA
  • June 3 2015

For a second time the U.S. Supreme Court declined to hear a case challenging a California Supreme Court holding that the state’s Private Attorneys


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


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


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