U.S. Supreme Court Agrees to Determine Legality of Class Action Waivers in Employee Arbitration Agreements

Yesterday, the U.S. Supreme Court agreed to decide whether class action waivers in employee arbitration agreements violate federal law.  This is a huge development, with potentially far-reaching implications for many California employers.  But, first, a little background (okay, actually it’s a lot of background, but it’s important) — Advantages of Arbitration Many employers require their […]

CA Supreme Court: Employees Must Be Relieved of All Duties During Rest Breaks

Yesterday, the California Supreme Court ruled in Augustus v. ABM Security Services, Inc. that employers must relieve employees of all work duties during their 10-minute rest breaks.  This landmark decision now means that employers must treat rest breaks and meal breaks the same — and that employers must relinquish all control over employees during both […]

California Employers Cannot Force Employees to Litigate or Arbitrate in Another State

California employment laws are some of the most pro-employee laws in the nation.  That’s why so many large California employers, and their clever legal counsel, often try to get California employees to sign employment agreements that prohibit the employee from suing in this state (forcing them, instead, to have to sue in some other state […]

Governor Brown Signs SB 1007 Allowing Parties in Arbitration to Request Reporters for Hearings and Depositions

Last week, Governor Brown Signed SB 1007, which gives the parties to an arbitration “the right to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing as the official record.”  This new law requires the party who wants to the reporter make his/her/its request in a “demand, response, answer, or counterclaim related to […]

California Legislature Approves AB 465 — Future of Employment Arbitration Agreements in Doubt in California

Recently, the California Legislature passed AB 465 which prevents employers from requiring employees to sign mandatory pre-employment arbitration agreements as a condition of employment.  This bill, which is now sitting on Governor Brown’s desk awaiting his signature, adds a new provision of the California Labor Code making it illegal to: “Require another person to waive […]