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State and federal courts have grappled for years with the question of whether employers can compel workers to submit their employment disputes to arbitration. Now, in a major victory for employers, the U.S. Supreme Court has cleared up the confusion, giving employers the go-ahead to use mandatory arbitration agreements. The high court decision, coupled with […]
When the California Supreme Court approved mandatory arbitration for employment disputes last year, one question left unanswered was how existing arbitration agreements that don’t meet all the standards the court set forth would be handled. The contrasting approaches taken in two recent Court of Appeal decisions provide some guidance as to how the line will […]
Following on the heels of a recent California Supreme Court ruling that approved mandatory arbitration agreements for employment disputes, California appellate courts continue to enforce arbitration provisions between employers and employees. In the latest case, a California Court of Appeal required the arbitration of an employment claim even though the employee had never signed an […]
The controversy over the use of mandatory arbitration for employment disputes continues as federal and state courts send contradictory signals to employers. While the California Supreme Court recently OK’d the use of mandatory arbitration, the federal Ninth Circuit Court of Appeals has said that for some types of claims, such as age or race bias, […]
The California Supreme Court has given an important stamp of approval to the use of mandatory arbitration clauses as a condition of employment as long as they meet certain requirements assuring fairness to employees. In the wake of the ruling, you’ll need to immediately review, and possibly revise, arbitration agreements signed by existing employees and […]
In welcome news for employers, the California Supreme Court has just issued its long-awaited decision on mandatory arbitration agreements. The court spelled out the minimum requirements for such agreements to be valid and clarified which provisions are illegal. We’ll have a full analysis of the impact of the ruling on California employers, along with a […]
If a pregnant employee is injured at work and her baby is born with health defects or problems, you could get blamed. Unfortunately, it’s not always easy to take preventive measures to protect a fetus from harm because some approaches that might seem sensible are actually illegal. We’ll look at a new case involving a […]
A new California Supreme Court ruling makes it much easier for employees to sue you for unpaid wages—not just for themselves, but also on behalf of their co-workers. We’ll explain the facts that led to this decision and suggest ways to minimize the possibility you’ll be hit with one of these wage claims.
Our cover stories for the July 2000 issue of California Employer Advisor deal with two important cases that may have a significant impact on employers. In one, the California Supreme Court ruled that you have the right to rescind or change personnel policies covering terms of employment. But the court set out several steps you […]
The U.S. Supreme Court has handed down a unanimous ruling that permits employees to prove job bias by showing that the employer’s stated reason for termination or other adverse action was false. This is an important decision, although how it will impact California employers isn’t yet clear.