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Although employers have received some welcome rulings from the California Supreme Court over the past few months, a new high court decision squelches a tool some employers had used to prevent class action lawsuits in the wage and hour context. We’ll explain the court’s reasoning and what it means for you.
The Ninth Circuit Court of Appeals, which covers California, has issued another in a string of rulings invalidating mandatory arbitration agreements used by electronics retailer Circuit City. In the latest case, Circuit City employee Paul Mantor claimed the company indicated to employees that they risked their future with the retailer if they chose not to […]
Two new opinions, one from a federal appeals court and the other from a California appeals court, provide insight into when flawed arbitration agreements will—and won’t—be enforced.
Several years ago, the federal Ninth Circuit Court of Appeals ruled that mandatory arbitration agreements are unenforceable for discrimination claims brought under Title VII, the federal anti-bias law. But the court has now called this ruling into question. In a new case, the court found that Circuit City employee Monir Najd had to arbitrate […]
The federal Ninth Circuit Court of Appeals recently tossed out a mandatory arbitration agreement signed by a Circuit City employee because it was unduly lopsided in the employer’s favor (see CEA March 2002). But in another case involving identical arbitration provisions, the court has ruled that employee Mohammad Sharfuddin Ahmed was required to arbitrate his […]
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 […]