California Bans Mandatory Arbitration Agreements and Prohibits Employers from Retaliating Against Applicants That Refuse to Sign an Arbitration Agreement

In the United States, it is common for employers to require applicants and existing employees to sign arbitration agreements as a condition of employment or continued employment. As of October 10, 2019, California Governor Gavin Newsom signed into law California Assembly Bill 51 making it unlawful for California employers to require applicants and employees to sign […]

Arbitration 2.0′: Inside the secretive legal battle dividing Silicon Valley

As Tesla seeks to resolve racism complaints in private arbitration, some other tech companies begin to back away from the practice. Lauren Hepler February 24, 2020 – SOURCE – here. DeWitt Lambert was shocked when he lost his racial discrimination case against Tesla, where he worked for more than a year installing seat belts and […]

California AB51’s End to Mandatory Arbitration Agreements

In the Fall we celebrated California Governor Gavin Newsom signing into law Assembly Bill 51, thus prohibiting employers from requiring employees, or applicants for employment, to sign mandatory arbitration agreements. The new law was supposed to go into effect January 1, 2020, paving the way for a return to a transparent, fair and just system […]

What is a Mandatory Arbitration Agreement and Should You Sign It?

For many workers here in San Francisco, the Bay Area, California or elsewhere, starting a new job is both an exciting and nerve-wracking time. The employee has new faces and names to learn, new strategies and techniques to master and often a plethora of paperwork to scan through and sign during the onboarding process. With […]

Supreme Court Hears Divided Oral Arguments in Case Involving Mandatory Arbitration

Editor’s Note. As discrimination attorneys representing people throughout the Bay Area – from San Francisco to Oakland, Berkeley to Palo Alto and between – we receive many complaints from employees concerning possible employment discrimination up to and including wrongful termination. In this blog post, we review some new actions of the Trump administration and various […]

California Supreme Court: Federal Arbitration Act Preempts State Consumer Protection Statute’s Waiver Bar

This month, the California Supreme Court decided Sanchez v. Valencia Holding Co., LLC, ___ P.3d ___, 2015 WL 4605381 (2015), wherein it held that the anti-waiver provision of California’s consumer protection statute is preempted by the Federal Arbitration Act (“FAA”). Id. at 15. The case involved a car purchaser who filed a putative class action […]

California Supreme Court Allows Employee Class Action Waivers in Arbitration Agreements

Earlier this summer, the California Supreme Court issued its decision in the matter of Iskanian v. CLS Transportation Los Angeles, LLC, ___ Cal.4th ___, No. S204032 (June 23, 2014), wherein an employer was seeking to enforce a collective action ban contained in its arbitration agreement. In opposition to CLS Transportation’s attempt to enforce the waiver, […]