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Article

Fenwick & West LLP | USA | 23 Oct 2015

Ninth Circuit affirms Iskanian ruling rendering PAGA waivers illegal

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

Article

Fenwick & West LLP | USA | 24 Apr 2015

Ninth Circuit reviews enforceability of waiver of right to reemployment

Does California Business and Professions Code 16600 prohibit employees from waiving their right to reemployment with prior employers? The answer is

Article

Fenwick & West LLP | USA | 18 Feb 2015

But no agreement to arbitrate where agreement contains PAGA waiver that was not severable

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

Article

Fenwick & West LLP | USA | 14 Aug 2014

Court enforces arbitration and class action waiver policy, but allows time to assert PAGA claims

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

Article

Fenwick & West LLP | USA | 13 Dec 2013

Class Action waiver in arbitration agreement Survives NLRA Challenge

Finding the National Labor Relations Board failed to give appropriate weight to the Federal Arbitration Act, the federal Fifth Circuit Court of

Article

Fenwick & West LLP | USA | 19 Jul 2013

Waiver of class action remedy enforced even though anticipated costs of individual arbitration exceeded maximum potential recovery

In American Express Company v. Italian Colors Restaurant, a non-employment case, the Supreme Court enforced a class action waiver in an American

Article

Fenwick & West LLP | USA | 15 Jun 2012

California appellate court compels arbitration and class action waiver, following Concepcion and expressly rejecting D.R. Horton

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.

Article

Fenwick & West LLP | USA | 14 Mar 2011

California courts continue to scrutinize mandatory employment arbitration agreements

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.

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