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Results:1-10 of 38

Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements
  • Proskauer Rose LLP
  • USA
  • February 17 2017

Companies looking to waive class action rights of employees may instead be waving goodbye to provisions in their employment contracts. Two recent


CA Supreme Court holds that employees are bound by arbitration agreements waiving right to a Labor Comm’r hearing
  • Proskauer Rose LLP
  • USA
  • October 21 2013

Frank Moreno agreed, as a condition of his employment with Sonic-Calabasas A, Inc., to arbitrate all of this employment disputes with his employer


California court rejects class action waivers in employment arbitration agreements
  • Proskauer Rose LLP
  • USA
  • 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


Arbitration clauses are enforceable despite waiver of classwide arbitration rights
  • Proskauer Rose LLP
  • USA
  • February 6 2013

Israel Flores and Andrea Naasz sued West Covina Toyota (WCT) and Toyota Motor Sales for selling them a “lemon,” alleging both individual and class


Nelsen v. Legacy Partners Residential, Inc. - Court of Appeal not persuaded by D.R. Horton - arbitration agreements precluding class arbitration O.K.
  • Proskauer Rose LLP
  • USA
  • July 25 2012

Breaking with the National Labor Relations Board’s ruling that arbitration agreements containing class waivers can violate federal labor law, the California Court of Appeal recently held that an arbitration agreement precluding class arbitration was not unconscionable, nor would enforcing it violate California state law, federal law or public policy.


California court holds that representative paga claims are not subject to mandatory arbitration
  • Proskauer Rose LLP
  • USA
  • July 18 2011

In a 2-1 decision, the California Court of Appeal held that representative actions under California’s Private Attorney General Act (PAGA) may not be waived in mandatory, pre-dispute employment arbitration agreements.


AT&T Mobility v. Concepcion: can arbitration bar ERISA class actions?
  • Proskauer Rose LLP
  • USA
  • July 1 2011

In AT&T Mobility v. Concepcion, No. 09-893, 2011 WL 1561956 (April 27, 2011), the U.S. Supreme Court addressed whether the Federal Arbitration Act (FAA) preempted California’s judicial rule that effectively required arbitration agreements to include the right to class arbitration for them to be enforceable.


The future of consumer class actions following AT&T Mobility LLC v. Concepcion
  • Proskauer Rose LLP
  • USA
  • May 11 2011

Recent years have seen a rise in consumer class actions across the country, including California.


U.S. Supreme Court tips the scales back toward arbitration
  • Proskauer Rose LLP
  • USA
  • April 29 2011

In a ruling that has garnered significant interest among employers, the U.S. Supreme Court held on Wednesday that the Federal Arbitration Act (FAA) preempts the California Supreme Court’s efforts to impose heightened unconscionability standards on class action waivers in consumer arbitration agreements.


AT&T Mobility v. Concepcion
  • Proskauer Rose LLP
  • USA
  • April 29 2011

Recently, the United States Supreme Court issued a key decision regarding arbitration agreements, and to what extent these agreements control plaintiffs' access to court.