14 results for 'cat:"Arbitration" AND cat:"Employment" AND cat:"Class Action"'.
J. Bybee finds that the district court properly issued an order compelling arbitration for California Private Attorneys General Act (PAGA) individual claims brought by a class lead plaintiff and vacated the order to the extent it compels arbitration of her non-individual claims. The matter is remanded to the district court to dispose of the non-arbitrable claims. The matter is a class action under PAGA for violations of California’s labor code. Affirmed in part.
Court: 9th Circuit, Judge: Bybee, Filed On: May 10, 2024, Case #: 22-56209, Categories: arbitration, employment, class Action
J. VanDyke partially affirmed a district court order denying the employer’s motion to compel arbitration in a class action suit alleging violations of California labor laws. During the pertinent period of employment, the employees worked at a California warehouse facility, which received Adidas watches, apparel, and shoes from mostly international locations. Although the employees moved goods only a short distance across the warehouse floor and onto storage racks, they nevertheless moved them, and with the direct purpose of facilitating their continued travel through an interstate supply chain. Further, the fact that the employer is in the warehousing business, not directly in the transportation industry, does not mean the employees cannot claim the transportation worker exemption of the Federal Arbitration Act. Affirmed in part.
Court: 9th Circuit, Judge: VanDyke, Filed On: March 12, 2024, Case #: 23-55147, Categories: arbitration, employment, class Action
J. Fujisaki finds that the trial court properly refused to compel arbitration of employees' individual wage and hour claims. The subject arbitration agreement is unenforceable because it impermissibly requires employees to waive their right to bring representative Private Attorneys General Act claims in all forums. And because of the agreement's nonseverability and poison pill clauses, the whole arbitration agreement is unenforceable. Affirmed.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: January 8, 2024, Case #: A167091, Categories: arbitration, employment, class Action
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Per curiam, the circuit finds that the district court improperly denied Uber drivers limited discovery and directed them to arbitration in a class action over pay. Further discovery is required to assess whether the drivers qualify for an arbitration exemption since their work involves interstate trips.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 14, 2023, Case #: 22-98-cv, Categories: arbitration, employment, class Action
J. Hartz finds that the lower court improperly denied a motion from an investigative services company seeking to compel arbitration in an overtime wages dispute with its employees. Under an "Arbitrator Decides Clause" in the relevant agreement, it is up to an arbitrator, not the court, to resolve the question of whether the employment agreement can be applied to the current dispute. The court as well incorrectly certified a class of employees in the dispute, so the class is vacated while the matter proceeds to arbitration. Reversed.
Court: 10th Circuit, Judge: Hartz, Filed On: October 3, 2023, Case #: 22-1168, Categories: arbitration, employment, class Action
J. Battaglia denies a baked goods company's motion to compel arbitration concerning a class of employees' California Labor Code violations. The existing arbitration clause in their employment agreements "contains multiple unconscionable provisions that significantly hinder plaintiffs' ability to bring claims against defendant, imposes a hefty financial burden on plaintiffs alone, and excludes from arbitration those claims most likely to be brought by defendants." These circumstances "demonstrate an intent to force a weaker party into unfair arbitration."
Court: USDC Southern District of California, Judge: Battaglia, Filed On: September 13, 2023, Case #: 3:22cv1269, NOS: Other Labor Litigation - Labor, Categories: arbitration, employment, class Action
J. Boardman grants a car dealership its motion to compel arbitration in this class action suit brought by former staff for alleged wage law violations. The class claims the dealership manipulated numbers to justify not paying class members their true commissions. However, class members also entered an arbitration agreement with the dealership upon hire, so they are not entitled to a jury trial.
Court: USDC Maryland, Judge: Boardman, Filed On: July 14, 2023, Case #: 8:22cv2312, NOS: Other Statutory Actions - Other Suits, Categories: arbitration, employment, class Action
J. Walter grants Raising Cane’s motion to compel arbitration of the employees’ class action claims that the restaurant company did not pay their full wages, did not compensate their meal breaks and rest periods, and did not reimburse their necessary business expenses. The employees had access to the arbitration agreement that contains a class action waiver, and Raising Cane’s did not waive its right to arbitration when it waited until mediation completed to compel arbitration.
Court: USDC Central District of California, Judge: Walter, Filed On: May 26, 2023, Case #: 2:22cv8296, NOS: Other Labor Litigation - Labor, Categories: arbitration, employment, class Action