Scott P. JangBlog Posts
Federal Arbitration Act Partial Bar on California’s Ban on Mandatory Arbitration Contracts, Court HoldsThe 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 |
$102 Million Pay Stub, Meal Break Judgment Against Walmart ReversedIn a significant victory for California employers, the U.S. Court of Appeals for the Ninth Circuit reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code’s wage statement and meal-break provisions. The decision is Magadia v. Wal-Mart Associates, Inc., May 28, 2021, No. 19-16184. The Ninth...… Continue ReadingJune 16, 2021 |
$102 Million Pay Stub, Meal Break Judgment Against Walmart ReversedIn a significant victory for California employers, the U.S. Court of Appeals for the Ninth Circuit reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code’s wage statement and meal-break provisions. The decision is Magadia v. Wal-Mart Associates, Inc., May 28, 2021, No. 19-16184. The Ninth... Continue ReadingJune 11, 2021 |
Ninth Circuit Upholds Arbitration for Non-Signatory DefendantCalifornia law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion to compel arbitration by a non-signatory to an arbitration agreement based on California law. Read the full article on Jackson Lewis Litigators... Continue ReadingJune 7, 2021 |
Ninth Circuit Upholds Arbitration for Non-Signatory DefendantCalifornia law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion to compel arbitration by a non-signatory to an arbitration agreement based on California law. Isabelle Franklin was employed by a staffing...… Continue ReadingJune 7, 2021 |
Private Attorneys General Act Round-Up for 20202020 presented a myriad of challenges for California employers, including the constant march of California court opinions regarding the Private Attorneys General Act (PAGA) claims. The California courts focused on two issues involving PAGA this year: Can a Plaintiff proceed with their PAGA claim (standing)? Can a Defendant compel arbitration when there is a PAGA... Continue ReadingJanuary 6, 2021 |
No Initials, No Problem: California Court of Appeal Holds Failure to Initial Not Enough to Prevent Arbitration“What if neither party to an arbitration agreement places initials next to a jury waiver contained in the agreement, even though the drafter included lines for their initials?” asked the California Court of Appeal in Martinez v. BaronHR, Inc.,Cal. App. LEXIS 631 (2020). The employee in Martinez was given several employment-related documents, including an arbitration... Continue ReadingJuly 14, 2020 |
Update on Arbitration Agreements in California: U.S. Supreme Court Denies Certiorari in OTO, LLC v. KhoOn June 8, 2020, the U.S. Supreme Court denied the employer’s petition for certiorari in OTO, LLC v. Kho. As background, in 2019, the California Supreme Court ruled in OTO that the arbitration agreement at issue was not enforceable because the agreement was both procedurally and substantively unconscionable. The procedural unconscionability finding generally focused on... Continue ReadingJune 12, 2020 |
The State of California Submits Opening Brief in Appeal Over AB 51 Injunction, Arguing FAA Preemption Does Not ApplyOn January 31, 2020, a U.S. District Court preliminarily enjoined the enforcement of Assembly Bill 51 (AB 51) against arbitration agreements governed by the Federal Arbitration Act (FAA). As enacted, AB 51 would prohibit employers from conditioning employment (including continued employment) or employment-related benefits on an individual signing a mandatory arbitration agreement for disputes arising... Continue ReadingMay 22, 2020 |
California Appeals Preliminary Injunction Against State Ban on Employment Arbitration AgreementsThe 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 ReadingFebruary 20, 2020 |