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California Supreme Court Submits to Federal Preemption, Holds Class Action Waivers Enforceable in Employment Cases – But Not in PAGA Claims

On June 24, 2014 by Schnader in Labor and Employment

By Scott J. Wenner We have written previously of the back and forth between the United States Supreme Court and the California Supreme Court on questions relating to mandatory binding arbitration and class action waivers in the workplace (see here). While the U.S. Supreme Court has construed the Federal Arbitration Act’s […]

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CA Supreme Court Narrowly Construes SCOTUS Concepcion Ruling Limiting Authority to Void Mandatory Arbitration Agreements as Unconscionable

On November 4, 2013 by Schnader in Labor and Employment

By Scott J. Wenner California courts, from its Supreme Court on down, have been hostile to efforts to deny employees and consumers access to the judicial process  through devices such as mandatory binding arbitration and class action waivers.  At the same time, the U.S. Supreme Court has expansively read federal law, […]

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