Further Attacks on Employment Arbitration

Steve Holden   May 16, 2018 ...

Yesterday, Greg Bensinger reported in the Wall Street Journal that Uber Technologies Inc. is “ending the company’s use of the widespread but controversial practice of mandatory arbitration for claims of sexual harassment and assault.” The company apparently required arbitration for both employee claims and claims by its customers. The change, however, apparently relates only to claims regarding sexual misbehavior. Matters of pay inequity or race are still bound by Uber’s […]


Employer – Employee Arbitration Agreements – Use Them or Lose Them!

Steve Holden   July 25, 2016 ...

Arbitration agreements are becoming increasingly commonplace in employer-employee relationships in California, and are generally entered into during the onboarding process.  In the event a dispute arises later on, a valid arbitration agreement is useful in reducing an employer’s legal costs, and in many situations helps secure a more favorable outcome for the employer than would the normal court process. A number of specific provisions are required to make an arbitration […]


Employment Arbitration

Steve Holden   November 1, 2014 ...

Authored by Steve Holden. Published in the Sacramento Business Journal October 2014. Opinions on the pros and cons of employment arbitration vary widely: “Arbitration is the best way to avoid runaway jury verdicts.” “Arbitrators tend to split the baby instead of following the law and picking a winner and loser.” “Arbitration is the best way to reduce the cost of employment litigation.” “Arbitration tends to be more expensive today than traditional […]


NLRB Asserts Itself on Arbitration

Steve Holden   October 31, 2014 ...

Over the past twenty years, the issue of enforceability of arbitration agreements in the employment context has been repeatedly debated and litigated in the courts. It appears that no other employment issue has generated as many judicial decisions. Generally, the federal courts have tended to find employment arbitration agreements enforceable under the Federal Arbitration Act (FAA). On the other hand, California state courts have limited the enforceability of the agreements […]


Welcome News for Employers on Arbitration

Steve Holden   June 24, 2014 ...

The long-awaited decision from the California Supreme Court in Iskanian v. CLS Transportation is in, and it’s generally good for employers. The court ruled that a class action waiver in an arbitration agreement is enforceable. Unfortunately, it held that plaintiffs can still pursue Private Attorneys General Act (PAGA) claims despite an arbitration agreement with a collective action waiver. Several other decisions were handed down yesterday building on the favorable momentum […]


The Quality of Employment Agreements Matters

Steve Holden   May 13, 2014 ...

Employers be forewarned: The quality of your employment agreements matter. For present purposes, “employment agreements” include arbitration provisions, confidentiality policies, meal period waivers and just about any understanding or agreement with your employees that you would like enforced by a court if a dispute arises. The quality matters because poor quality agreements do not get enforced. A recent decision from the California Court of Appeals illustrates the point. The case […]


Why Arbitrate?

Steve Holden   September 10, 2013 ...

Frustration with the court system’s inefficiencies and delays is a major reason why many employers insist on arbitration agreements with employees.  Arbitration agreements create a private mechanism for resolving employment claims in a more efficient and less expensive manner.  A recent example of a lengthy court battle over a wage and hour claim drives home the wisdom of arbitration. In Bain v. Tax Reducers, the plaintiff initially filed a claim […]


California Appellate Courts Continue to Defy U.S. Supreme Court Arbitration Decision

Steve Holden   June 11, 2013 ...

California employers using pre-dispute arbitration agreements with their employees were thrown another curve on the enforceability of those agreements. The Sixth Appellate District of California ruled on June 4th that arbitration agreements requiring arbitration of only individual claims would not be enforced for representative claims under the California Labor Code Private Attorneys General Act (PAGA). The decision, Brown v. Superior Court of Santa Clara County, is yet another skirmish in […]


Two Lessons for Employers from Richey v. AutoNation

Steve Holden   November 14, 2012 ...

Yesterday the California Court of Appeal issued an opinion with two valuable lessons for employers. First, if you use arbitration to limit a court’s involvement in employment disputes, make sure the agreement is carefully thought out and drafted. Second, an employer may not use a “good faith mistaken belief” defense in California defeat the claim that an employee’s FMLA or CRFA rights have been denied. In the case, the employer […]


Why Veggies Collect Hockey Jerseys

Steve Holden   September 12, 2012 ...

Their running game was awesome: Clinton Portis made his fantasy owners boastful. The only thing that might be considered little of is the red bimbo in the center of the jersey but black friday and red Robert Stephenson limited jersey combination fantastic together. Besides, I’ve never taken wholesale mlb jerseys them for anything less than true NHL fans. cheap blank baseball jerseys The only name I Ezekiel Elliott Jersey am […]