Samia M. KirmaniBlog Posts

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  • Massachusetts Paid Family and Medical Leave Act Allows Adding Accrued Sick, Vacation Pay to Benefits

    A provision in the enacted state budget for fiscal year 2023 amends the Massachusetts Paid Family and Medical Leave Act (PFMLA) to provide employers and employees more flexibility to use other accrued benefits to supplement paid benefits received from the state. Find out more here. Continue Reading
    July 28, 2022
  • U.S. Supreme Court Deals Blow to California’s Private Attorneys General Act

    Bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only, the U.S. Supreme Court has held. Viking River Cruises, Inc. v. Moriana, No. 20-1573 (June 15, 2022). The Court’s decision overrules the California’s Supreme Court decision in Iskanian v. CLS Transp....
    June 16, 2022
  • Federal Arbitration Act Partial Bar on California’s Ban on Mandatory Arbitration Contracts, Court Holds

    The Federal Arbitration Act (FAA) only partially preempts California’s bar on mandatory arbitration agreements in employment, the U.S. Court of Appeals for the Ninth Circuit has held, vacating the preliminary injunction that had been in place since early-2020 and enjoining enforcement of the law with respect to arbitration agreements governed by the FAA. Chamber of Commerce of...
    September 16, 2021
  • Massachusetts Department of Paid Family Leave Releases New Guidance

    The current circumstances surrounding the COVID-19 crisis have brought paid family and medical leave to the forefront of the national consciousness. While the federal government and other states have created new, immediately effective, paid family and medical leave laws, Massachusetts has remained committed to the existing timeframe for the Paid Family and Medical Leave Act... Continue Reading
    April 10, 2020
  • California Appeals Preliminary Injunction Against State Ban on Employment Arbitration Agreements

    The State of California has filed a notice of appeal of the district court’s decision granting a preliminary injunction enjoining the State from enforcing Assembly Bill 51 (AB 51) against employment arbitration agreements governed by the Federal Arbitration Act (FAA). Please find the full article on the Jackson Lewis Publications page here. Continue Reading
    February 20, 2020
  • Pay the Piper – California Employers Pressed to Pay Arbitration Fees or Risk Harsh Consequences

    California employers may face harsh consequences for failing to pay arbitration fees on time under a bill (Senate Bill 707) signed by Governor Gavin Newsom on October 13, 2019. The new law go into effect on January 1, 2020. Under the new law, if an employer fails to pay fees required for the commencement or... Continue Reading
    October 18, 2019
  • New California Law Attacks Mandatory Arbitration Again … But Is It More Bark Than Bite?

    California has joined a number of states in passing legislation purporting to prohibit mandatory arbitration agreements for sexual harassment and other claims. Such laws have gained popularity in the wake of the #MeToo movement, but are subject to challenge under Federal Arbitration Act (FAA) preemption principles. Under Assembly Bill 51, signed by Governor Gavin Newsom... Continue Reading
    October 15, 2019
  • U.S. Supreme Court: Employment Class Arbitration Must Be Expressly Addressed in Contract

    Class action arbitration is such a departure from ordinary, bilateral arbitration of individual disputes that courts may compel class action arbitration only where the parties expressly declare their intention to be bound by such actions in their arbitration agreement, the U.S. Supreme Court has ruled in a 5-4 decision. Lamps Plus, Inc. v. Varela, No....… Continue Reading
    April 25, 2019
  • Availability of Class Arbitration is for Court to Decide, Appeals Court Rules

    Vacating a $10 million arbitration award resulting from a “collective action” arbitration, the U.S. Court of Appeals for the Seventh Circuit ruled that whether class or collective arbitration is authorized by an arbitration agreement is a threshold question for the district court, not an arbitrator. Herrington v. Waterstone Mortgage Corp., No. 17-3609 (7th Cir. Oct....… Continue Reading
    October 24, 2018
  • California Governor Vetoes Bill Prohibiting Mandatory Arbitration Provisions in Employment Contracts

    In a last-minute action on the September 30 legislative deadline, California’s Governor vetoed a bill that, among other things, would have imposed restrictions on the use of arbitration agreements for certain employment claims. Under vetoed Assembly Bill 3080, beginning on January 1, 2019, employers in California would have been barred from requiring employees and independent...… Continue Reading The post California Governor Vetoes Bill Prohibiting Mandatory Arbitration Provisions in Employment Contracts appeared first on California Workplace Law Blog.
    October 1, 2018