Tag Archives: arbitration

What Appellate Courts Are Missing About PAGA Standing After Viking River Cruises

The California Supreme Court has scheduled oral argument for May 9, 2023 in Adolph v. Uber Technologies, Inc., a closely watched case that concerns whether a Private Attorneys General Act (PAGA) plaintiff loses standing to pursue a representative claim when their individual PAGA claim is compelled to arbitration. This question was left open by the blockbuster … Continue Reading

California Concludes It’s Been Too Hard On Employers, Offers Apology (Nah, Just Kidding!)—A New Raft Of “Job-Killer” Bills Is Heading This Way!

By Tony Oncidi, Ariel Brotman and Morgan Peterson on April 11, 2023 Posted in California Labor & Employment Law, California Labor Code, New and Proposed Laws and Legislation

Spring in California can only mean one thing, and no, it’s not Coachella, Dodgers games or even the return of the swallows to San Juan Capistrano—it’s the annual release of the California Chamber of Commerce’s list of “Job Killer Bills.” Once again, this list proves that former California Governor Jerry Brown had it right when … Continue Reading

$137 Million Racial Harassment Verdict Against Tesla Slashed by New Jury!

By Tony Oncidi and Morgan Peterson on April 6, 2023 Posted in Arbitration Agreements, California Labor & Employment Law, Harassment, Jury verdicts

An astronomical $137 million jury verdict against Tesla has again been reduced, for a second (and potentially final) time. Last Monday, following a five-day trial on damages, a federal court jury awarded Owen Diaz, a former Tesla elevator operator, $175,000 in emotional distress damages and $3 million in punitive damages, totaling nearly $3.2 million—almost $134 … Continue Reading

March 2023 California Employment Law Notes

We invite you to review our newly-posted March 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: No Claim By Employee Who Was Friends With Alleged Harasser Pregnancy Discrimination Lawsuit Was Properly Dismissed Employer That Failed To Layoff Employee Before She Became … Continue Reading

No Arbitration Waiver Where Employer Answered Complaint And Engaged In Limited Discovery

By Tony Oncidi on March 31, 2023 Posted in Arbitration Agreements

Armstrong v. Michaels Stores, Inc., 59 F.4th 1011 (9th Cir. 2023) Teresa Armstrong executed an arbitration agreement with her employer Michaels Stores. After filing her claims in state court, Michaels answered, asserting its right to arbitration as an affirmative defense and removing the action to federal district court. The parties then submitted a joint case … Continue Reading

Issue Preclusion Barred PAGA Claims After Arbitration Loss

By Tony Oncidi on March 31, 2023 Posted in California Labor Code, FEHA, PAGA

Rocha v. U-Haul Co. of Cal., 88 Cal. App. 5th 65 (2023) Thomas and Jimmy Rocha alleged FEHA and Labor Code violations against their employer U-Haul. The brothers’ individual PAGA claims were compelled to arbitration where they subsequently lost on all causes of action. The Rochas then moved to vacate the arbitrator’s award, but the … Continue Reading

Employees Lose on PAGA Claims in Court Following Loss in Arbitration

By Jonathan Slowik on February 28, 2023 Posted in PAGA

Earlier this month, the California Court of Appeal (2d Dist.) ruled that issue preclusion bars a derivative Private Attorneys General Act (PAGA) claim where the plaintiff litigates individual Labor Code claims in arbitration and loses. Rocha v. U-Haul Co. of Cal., 2023 WL 1462594 (Cal. Ct. App. Feb. 2, 2023) (certified for publication). Rocha, while at … Continue Reading

Court Obliterates California’s Anti-Arbitration Law

By Philippe A. Lebel and Morgan Peterson on February 16, 2023 Posted in Arbitration Agreements, California Labor & Employment Law, FAA, New and Proposed Laws and Legislation

Yesterday, a three-judge Ninth Circuit panel revisited its own 2021 order and finally struck down California’s anti-mandatory employment arbitration law, Assembly Bill 51 (“AB 51”). In an opinion drafted by the former dissenting judge, Judge Sandra Ikuta, the new majority declared AB 51 was preempted by the Federal Arbitration Act (“FAA”). The statute in question, … Continue Reading

November 2022 California Employment Law Notes

We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Equal Pay Act Claim Should Not Have Been Dismissed Whistleblower Claim Should Not Have Been Dismissed In Part School District Employee May Have Been Discriminated … Continue Reading

Employer Waived Right To Arbitration By Failing To Timely Pay Arbitration Fees

By Tony Oncidi on November 23, 2022 Posted in Arbitration Agreements, Discrimination, Retaliation

Espinoza v. Superior Court, 83 Cal. App. 5th 761 (2022) Rosa M. Quincoza Espinoza sued her former employer, Centinela Skilled Nursing & Wellness Centre West, LLC, for discrimination and retaliation. The employer filed a motion to stay the litigation and compel arbitration, invoking the terms of an arbitration agreement that Espinoza had signed. After the … Continue Reading

Congress Passes Bill Prohibiting Mandatory Arbitration and Class Action Waivers for Sexual Harassment and Sexual Assault Claims

By Guy Brenner, Tony Oncidi, Evandro Gigante, Laura Fant, Theresa Madonna and Ariel Brotman on February 24, 2022 Posted in Arbitration Agreements, Class Actions

On February 10, 2022, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote. The bill had previously passed the House of Representatives by a vote of 335-97. The White House has indicated President Biden will sign the bill. If enacted, the Act would amend the … Continue Reading

Los Angeles Jury Hands $155 Million Holiday Gift to Fired Insurance Executive

By Tony Oncidi, Philippe A. Lebel and Morgan Peterson on December 17, 2021 Posted in California Labor & Employment Law, Discrimination, Jury verdicts, Retaliation, Verdict

As we recently reported, California juries continue to award massive verdicts to employees with alarming regularity. And, just in time for the holidays, a Los Angeles Superior Court jury upped the ante on Thursday, handing a fired insurance company executive a verdict totaling $155.4 million – including $150 million in punitive damages. Plaintiff Andrew Rudnicki worked … Continue Reading

Consider the True Implications of Waiving Arbitration

By Tony Oncidi on November 21, 2018 Posted in Articles, California Labor & Employment Law, Sexual Harassment

Employers: have you thought about the true implications of waiving arbitration? When considering how to end sexual harassment issues in the workplace, prioritizing training and policy review may be a better course. Read more in Anthony Oncidi’s latest column in the Los Angeles Daily Journal: https://lnkd.in/dcMBBFm… Continue Reading

Multiple PAGA Representative Claims Crumble As Federal Courts Continue To Reject Iskanian and Enforce Arbitration Agreements Containing PAGA Waivers

By Laura Reathaford on December 16, 2014 Posted in Arbitration Agreements, Class Actions, PAGA, Wage and Hour

When the California Supreme Court decided Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal. 4th 348 (2014), this June, some legal commentators assumed that employees could not waive pre-litigation claims under the Private Attorneys General Act (PAGA). Those assumptions may have been premature. As we noted here, at least one federal court refused to … Continue Reading

PAGA Claims and Arbitration – A Federal Court Parts Ways With Iskanian

By Charles J. Stiegler and Laura Reathaford on October 15, 2014 Posted in FAA, PAGA, Supreme Court

The California Supreme Court’s decision in Iskanian v. CLS Transp. Los Angeles, LLC, (discussed here), held that class action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA) except as to claims that were made pursuant to the Private Attorneys General Act (PAGA). PAGA allows aggrieved employees to represent other current and … Continue Reading

NLRB Takes D.R. Horton One Step Further While the Ninth Circuit Upholds Its Contrary Decision

By Julia Brodsky on February 11, 2014 Posted in Arbitration Agreements, NLRA

On January 17, 2014, the National Labor Relations Board Judge Lisa D. Thompson concluded that an agreement that did not prohibit class or collective action still violated Section 8(a)(1) of the National Labor Relations Act because the Agreement “interfere[d], restrain[ed], or coerce[d]” plaintiff and other similarly situated employees’ “substantive rights to file classwide litigation.” This … Continue Reading

D.R. Horton and the Arbitration Hotchpotch: Emerging “Rules” and the Future of Compelled Arbitration in California

By Keith A. Goodwin and Kenneth Sulzer on January 17, 2014 Posted in Arbitration Agreements, Class Actions, NLRA

Horton Hears an Employer Victory Last December, the Fifth Circuit issued its long-awaited decision in D.R. Horton, Inc. v. NLRB, holding that employers may require employees to sign arbitration agreements categorically waiving the right to pursue employment claims in a collective or class action. In doing so, the Fifth Circuit’s rejected the NLRB’s opinion that … Continue Reading

Right To Compel Arbitration Agreement Not Waived If Plaintiff Suffered No Prejudice From Delay

By Charles J. Stiegler and Laura Reathaford on August 26, 2013 Posted in Arbitration Agreements, FAA

In a post last week, we noted a recent trend of federal courts strongly enforcing employment arbitration agreements under the Federal Arbitration Act (“FAA”). That trend continues in Richards v. Ernst & Young, LLP, Case No. 11-17530 (9th Cir. Aug. 21, 2013), which holds that a defendant’s pretrial participation in litigation does not, absent prejudice … Continue Reading

Arbitration Clauses Are Enforceable Despite Waiver Of Classwide Arbitration Rights

By Jacquelyn Crawley on February 6, 2013 Posted in Arbitration Agreements, Class Actions

Flores v. West Covina Auto Group, 2013 WL 139200 (Cal. App. Jan. 11, 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 action claims, including claims for violations of the Consumer Legal Remedies Act (CLRA). WCT filed a motion … Continue Reading

Nelsen v. Legacy Partners Residential, Inc. – Court of Appeal Not Persuaded by D.R. Horton – Arbitration Agreements Precluding Class Arbitration O.K.

By Noemi Blasutta on July 25, 2012 Posted in Arbitration Agreements

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.… Continue Reading

Unionized Employees Were Required To Arbitrate Age Discrimination Claims

By Tony Oncidi on May 1, 2009 Posted in Arbitration Agreements, Collective Bargaining, Discrimination, Employment Law Notes, Union Issues

14 Penn Plaza LLC v. Pyett, 556 U.S. 247, 129 S. Ct. 1456 (2009) Plaintiffs, members of the Service Employees International Union (the “SEIU”), filed a complaint with the EEOC alleging age discrimination under the Age Discrimination in Employment Act and, after receiving their right-to-sue letters, filed suit against their employer alleging age discrimination. In … Continue Reading

Supreme Court Endorses Union-Negotiated Arbitration of Discrimination Claims

By Proskauer Employment Law Group on April 1, 2009 Posted in Arbitration Agreements, Client Alerts, Collective Bargaining, Discrimination, NLRA, Supreme Court, Union Issues

Proskauer Prevails As The Court Holds That Collectively Bargained Agreements for The Arbitration of Statutory Discrimination Claims are Enforceable On April 1, 2009, the United States Supreme Court, in a 5-4 decision, ruled in favor of Proskauer Rose’s client 14 Penn Plaza LLC, holding that a collective bargaining agreement (“CBA”) that clearly and unmistakably requires … Continue Reading

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