Since the United States Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana in June 2022, trial courts in California have grappled with how to address the non-individual portion of a plaintiff’s PAGA claim that remains in court when a plaintiff’s individual PAGA claim is compelled to arbitration.
Continue Reading California’s High Court Authorizes Stay Of Non-Individual PAGA Claims During Pendency Of Arbitration
California Court of Appeal Narrows Reach of ADA and Unruh Civil Rights Act as They Apply to Ecommerce Businesses
In an August 2022 decision, the California Court of Appeal, Second Appellate District, held that retail websites without any connection to a physical space, such as a brick-and-mortar store, do not constitute “places of public accommodation” and, thus, are not within the purview of Title III of the American with Disabilities Act (“ADA”) or the Unruh Civil Rights Act (the “Unruh Act”).
Continue Reading California Court of Appeal Narrows Reach of ADA and Unruh Civil Rights Act as They Apply to Ecommerce Businesses
Divided Ninth Circuit Panel Upholds AB 51, but Strikes Down Enforcement Mechanism
On September 15, 2021, a divided Ninth Circuit panel in Chamber of Commerce v. Bonta, Case No. 20-15291, upheld Assembly Bill 51, a bill that would prohibit employers from requiring employees to execute arbitration agreements as a condition of their employment. The Ninth Circuit’s ruling reversed in part the District Court’s ruling that AB 51 is preempted by the Federal Arbitration Act.
Continue Reading Divided Ninth Circuit Panel Upholds AB 51, but Strikes Down Enforcement Mechanism
US Chamber of Commerce Leads the Charge Against California Arbitration Ban That Would Impose Criminal Liability on Employers for Violations
On Friday, December 6, 2019, a business coalition led by the US Chamber of Commerce filed suit challenging a new California law that forbids employers from offering and entering into certain arbitration agreements with their workers. Signed into law by California Governor Gavin Newsom on October 10, 2019, Assembly Bill 51 (AB 51) will impose criminal liability on employers who require applicants or employees, “as a condition of reemployment, continued employment, or the receipt of any employment-related benefit,” to “waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act” and other related employment statutes.
Continue Reading US Chamber of Commerce Leads the Charge Against California Arbitration Ban That Would Impose Criminal Liability on Employers for Violations
The US Chamber of Commerce Slams Controversial Hundred Million Dollar Award Against Wal-Mart in Wage Statement Dispute
On October 28, 2019, the US Chamber of Commerce, along with two other business-oriented groups—the National Retail Federation and the Retail Litigation Center, Inc.—filed an amicus brief urging the Ninth Circuit to overrule a $102 million judgment against Wal-Mart.
Continue Reading The US Chamber of Commerce Slams Controversial Hundred Million Dollar Award Against Wal-Mart in Wage Statement Dispute