Earlier today, the U.S. District Court for the Eastern District of California heard oral arguments on whether the court should enter a preliminary injunction preventing the State of California (State) from enforcing AB 51 while the court resolves the underlying challenge to the new law on the merits. See Chamber of Commerce of the United
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California Bar on Mandatory Arbitration Agreements in Employment Temporarily Enjoined
By Scott P. Jang on
Posted in FEHA
The State of California has been temporarily enjoined from enforcing Assembly Bill 51’s prohibition on mandatory employment arbitration agreements. Chamber of Commerce of the United States, et al. v. Becerra, et al., No. 2:19-cv-2456 (E.D. Cal. Dec. 30, 2019). Enforcement of Assembly Bill 51 is enjoined until the court can decide the pending…
U.S. Chamber of Commerce Files Suit to Halt AB 51
By Scott P. Jang on
Posted in Wage and Hour
California employers are not alone as they wrestle with AB 51’s January 1, 2020 new law on mandatory arbitration agreements. (For background on AB 51 see our article). On December 6, 2019, the U.S. Chamber of Commerce and other business organizations filed suit against the State of California to have AB 51 declared preempted…
Pay the Piper – California Employers Pressed to Pay Arbitration Fees or Risk Harsh Consequences
By Scott P. Jang & Samia M. Kirmani on
Posted in Arbitration Agreements
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…
New California Law Attacks Mandatory Arbitration Again … But Is It More Bark Than Bite?
By Scott P. Jang & Samia M. Kirmani on
Posted in Arbitration Agreements, Harassment
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…
California Supreme Court Clarifies Discovery under PAGA
By Scott P. Jang on
Posted in PAGA, Uncategorized
Emphasizing the broad right of discovery and the remedial nature of the California Private Attorneys General Act of 2004, the California Supreme Court has ruled that, in pretrial discovery, plaintiffs under PAGA has a right to employer records containing other employees’ names and contact information. Williams v. Marshalls of California, LLC, No. S227228 (July…