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Results: 1-10 of 17

But no agreement to arbitrate where agreement contains PAGA waiver that was not severable
  • Fenwick & West LLP
  • USA
  • February 18 2015

When an arbitration agreement contained an unenforceable waiver of claims under California's Private Attorneys General Act ("PAGA") and the agreement


Court refuses to enforce arbitration agreement for lack of consent
  • Fenwick & West LLP
  • USA
  • December 14 2011

Recently, the Northern District of California refused to compel arbitration of discrimination claims where an employee refused to sign an acknowledgment of a new mandatory arbitration agreement that expressly stated that continued employment constituted acceptance of the agreement


Recent cases provide helpful reminders regarding best practices (and pitfalls) with employment arbitration clauses
  • Fenwick & West LLP
  • USA
  • March 25 2015

Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and federal courts. Several recent decisions provide


Court enforces arbitration and class action waiver policy, but allows time to assert PAGA claims
  • Fenwick & West LLP
  • USA
  • August 14 2014

Following the California Supreme Court's decision in Iskanian v. CLS Transportation (reported in the July 2014 FEB), a California federal district


Substantive fairness overcomes elements of procedural unconscionability in mandatory arbitration agreement
  • Fenwick & West LLP
  • USA
  • May 14 2013

In yet another case addressing the enforceability of mandatory arbitration agreements in California, a Southern California federal district court in


Six-month claims limitations period in arbitration agreement unconscionable
  • Fenwick & West LLP
  • USA
  • February 20 2013

In Bowlin v. Goodwill Industries of Greater East Bay, Inc., a California federal district court found Goodwill's requirement, as part of an


Arbitration agreement withstands challenge for lack of notice of arbitration rules or mutuality
  • Fenwick & West LLP
  • USA
  • October 16 2013

In Peng v. First Republic Bank, a former employee asserting discrimination and other claims challenged the enforceability of the arbitration


Mixed bag on arbitration agreements enforceability questions may be delegated to arbitrator, but agreements still subject to scrutiny
  • Fenwick & West LLP
  • USA
  • June 17 2014

A U.S. Supreme Court order and California appellate court decision highlight the continued attention to, and evolving area of the law on


Employer must provide copy of arbitration forum rules or where rules can be found
  • Fenwick & West LLP
  • USA
  • March 13 2012

In Mayers v. Volt Management Corporation, a California court of appeal refused to enforce an employment arbitration agreement for, among other reasons, the failure of the employer to provide the employee with a copy of the arbitration rules or how to find them


California courts continue to scrutinize mandatory employment arbitration agreements
  • Fenwick & West LLP
  • USA
  • March 14 2011

While many employers favor mandatory employment arbitration for the resolution of employment-related disputes, they must be careful to ensure that their arbitration agreements meet strict legal requirements