On November 18, 2019, the United States Court of Appeals for the Second Circuit revived a potentially sweeping class action against Sterling Jewelers, Inc. (“Sterling”), holding that potentially tens of thousands of female employees could take part in an arbitration class involving claims of sex discrimination. The Second Circuit’s holding is the latest in the … Continue Reading
In a 5-4 decision authored by Chief Justice Roberts on April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act (“FAA”) precludes a court from compelling class arbitration when an agreement is ambiguous on the availability of such arbitration. Lamps Plus Inc. et al. v. Varela, No. 17-988, 587 U.S. ___ … Continue Reading
In Chavarria v. Ralphs Grocery Co., No. 11-56673, 2013 WL 5779332 (9th Cir. Oct. 28, 2013), the plaintiff, a former deli clerk, brought a class action against Ralphs for various alleged wage and hour violations of the California Labor Code. As a condition of employment, Chavarria signed an arbitration agreement containing a class action waiver. … Continue Reading
Arbitration clauses meant to prohibit class action arbitrations, whether in employment agreements or other documents, need to be reviewed after a recent Supreme Court decision. In Oxford Health Plans v. Sutter, ___ U.S. ____, No. 12-135 (June 10, 2013), the Court unanimously upheld an arbitrator’s ruling that a pediatrician could proceed with a class action … Continue Reading
The California Court of Appeal has rejected a class action waiver in an employment agreement on the basis that the waiver (or agreement) was unconscionable.… Continue Reading
The editors wanted to share this analysis, by Proskauer’s Employment Litigation and Arbitration Group, of the Second Circuit’s interesting recent decision requiring a Title VII plaintiff, even in a class action, to arbitrate her claims:… Continue Reading
