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Results: 1-10 of 21

Fenwick Employment Brief Winter 2017: Case Law
  • Fenwick & West LLP
  • USA
  • January 17 2017

On January 13, 2017, the United States Supreme Court granted review in three cases presenting the issue of whether class and collective action


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


Ninth Circuit affirms Iskanian ruling rendering PAGA waivers illegal
  • Fenwick & West LLP
  • USA
  • October 23 2015

In Sakkab v. Luxottica Retail North America, Inc., the Ninth Circuit affirmed the California Supreme Court's Iskanian v. CLS Transportation Los


U.S. Supreme Court Supports Validity of Class-Action Waivers in Arbitration Agreements
  • Fenwick & West LLP
  • USA
  • December 21 2015

On December 14th, the United States Supreme Court ruled in DirecTV v. Imburgia, in a 6-3 decision, that California consumers can be bound by the


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


Buyer permitted to enforce arbitration agreement with acquired company’s employees
  • Fenwick & West LLP
  • USA
  • February 18 2015

A California court of appeal ruled in Marenco v. DirecTV, LLC that DirecTV could enforce an arbitration agreement between a company it purchased and


Post-Concepcion, arbitration agreements still subject to Armendariz test
  • Fenwick & West LLP
  • USA
  • June 15 2012

A California Court of Appeal recently affirmed the applicability of the Armendariz v. Foundation Health Psychare Services, Inc. standard for assessing unconscionability challenges to arbitration agreements, notwithstanding the U.S. Supreme Court's ruling in AT&T Mobility v. Concepcion


California appellate court compels arbitration and class action waiver, following Concepcion and expressly rejecting D.R. Horton
  • Fenwick & West LLP
  • USA
  • June 15 2012

In a significant victory for California employers, a California Court of Appeal recently upheld a ruling that compelled arbitration of an employee's wage and hour claims and dismissed his class and representative claims


Class action waivers in arbitration agreements still viable, but vulnerable, in California
  • Fenwick & West LLP
  • USA
  • December 18 2012

A California Court of Appeals held in Franco v. Arakelian Enterprises, Inc. that the United States Supreme Court decisions in Stolt-Nielsen S.A. V