An employer that petitioned to compel arbitration one year after the employee filed his employment-related complaint did not waive its right to arbitrate the complaint, the California Court of Appeal has ruled, confirming the burden of proving a party waived its right to arbitration is a heavy one. Gloster v. Sonic Automotive, Inc., No.
Arbitration Agreements
Arbitrator, Not Court, Decides Arbitration Agreement’s Enforceability, California Court Rules
By Mark S. Askanas & Mitchell F. Boomer on
Posted in Arbitration Agreements
A trial court lacked authority to rule on the enforceability of an arbitration agreement when the parties had contracted to delegate questions about the agreement’s enforceability to the arbitrator, the California Court of Appeal has ruled, reversing the denial of arbitration in a wrongful discharge action. Tiri v. Lucky Chances, Inc., No. A136675 (Cal.…
Spanish-Speaking Employees and English Arbitration Agreements
By Adam Y. Siegel & Angela Quiles Nevarez on
Posted in Arbitration Agreements, Wage and Hour
On April 21, 2014, a California Appellate Court held that an arbitration agreement is unconscionable and an employer cannot compel arbitration when the employer failed to translate the entirety of an English-language employment agreement containing an arbitration agreement, confidentiality clause, and enforceability provision for its Spanish-speaking employees.
In Esteban H. Carmona et al. v. Lincoln …
California Courts Continue to Embrace Binding Arbitration Agreements
By Mitchell F. Boomer on
With increasing frequency, California courts (especially federal district courts) are enforcing binding arbitration agreements between employers and employees. In Richards v. Ernst & Young, No. 11-17530 (9th Cir. Aug. 21, 2013), the Ninth Circuit recently reversed a denial of the employer’s motion to compel arbitration of the employee’s wage and hour claims. In so…