An in-depth article ran on March 12, 2018 in Capital & Main describing the on-going battle between 24 Hour Fitness and its employees. At the center of these disputes is the company’s employee arbitration agreements that the National Labor Relations Board contends violate federal labor law. The first cases were filed in federal courts back ... Read More
One of the hot topics on the legal landscape is Arbitration. Arbitration is a specific method of settling disputes that is outside of the court system. It relies on an unbiased third party to resolve disputes away from the courts. That means the decision maker is neither a currently sitting judge nor a jury, but ... Read More
The United States Supreme Court has declined to hear an important California case that protects workers’ rights to pursue Labor Code penalties in a representative action. The case, Iskanian v. CLS Transportation Los Angeles LLC, involved a dispute between limo driver Arshavir Iskanian and employer CLS Transportation Los Angeles LLC (“CLS”). Iskanian signed an arbitration ... Read More
The California Supreme Court issued its long awaited ruling today in Iskanian v. CLS Transportation holding its prior ruling in Gentry v. Superior Court (2007) 42 Cal.4th 443 (Gentry) has been abrogated by recent United States Supreme Court precedent and that class action waivers in employment arbitration agreements are valid and a state‘s refusal to ... Read More
Employment cases routinely proceed as class actions. Plaintiffs and their attorneys seek to represent large numbers of employees to correct common legal wrongs and to obtain common fund damages. Employers and their counsel reflexively contest class certification or seek to decertify class action cases after certification is granted. But decertification has its risks. If a ... Read More
