Ninth Circuit Finds Amazon Delivery Drivers Exempt from Arbitration

On August 19, 2020, the Ninth Circuit Court of Appeals ruled that Amazon delivery drivers are transportation workers engaged in interstate commerce and thus exempt from the Federal Arbitration Act (“FAA”), even if they only make deliveries in one state.

California Federal Court Grants Preliminary Injunction of State Law Banning Mandatory Arbitration of Employment Disputes

In an initial victory for California employers, a California federal court granted a preliminary injunction blocking enforcement of the recently passed California Assembly Bill 51 (“AB 51”), which banned mandatory arbitration of employment disputes.

Dan ErnstCampbell Litigation, P.C.February 6, 2020FAA, Arbitration Agreements, Federal Arbitration Act, LegislationComment

Employers Given Greater Freedom to Require Arbitration of Employment Disputes

A restaurant acted lawfully when it required its employees to sign mandatory arbitration agreements directly in response to their opting into a wage and hour collective action lawsuit, the National Labor Relations Board (“NLRB”) has held.

Campbell Litigation, P.C.August 22, 2019Arbitration Agreements, NLRBComment

Arbitration Agreements Must Not Restrict Employees’ Access to the NLRB

Broad arbitration agreements that cover “all claims or controversies” and do not explicitly carve out the right of employees to file charges with the National Labor Relations Board (“NLRB”) may be unlawful, under a recent NLRB decision.

Campbell Litigation, P.C.June 27, 2019NLRB, NLRA, Arbitration AgreementsComment

Supreme Court Limits Class Action Arbitrations

Courts may not compel employers to arbitrate class actions—i.e., cases where several individuals collectively assert claims against their employer—unless the underlying arbitration agreement clearly authorizes class arbitrations, the Supreme Court recently held.

Campbell Litigation, P.C.May 2, 2019Arbitration Agreements, FAAComment

U.S. Supreme Court Upholds Use of Class-Action Waivers in Employment Arbitration Agreements

The Supreme Court ruled this week that class-action waivers in arbitration agreements are lawful. The much-anticipated Epic Systems Corp. v. Lewis decision provides clarity to employers nationwide, who previously were required to navigate a patchwork of various state, federal, and agency rules concerning the use of class-action waivers in employment arbitration agreements.

Campbell Litigation, P.C.May 24, 2018class action, Arbitration Agreements, Epic Systems Corp. v. LewisComment

Arbitration Agreements Under Fire in the #MeToo Era

In the wake of the #MeToo environment, legislators in several states and in Congress have taken aim at arbitration agreements as they apply to claims of sexual harassment in the workplace. Additionally, all 56 attorneys general recently sent a letter to Congress asking it to prevent employers from requiring that sexual harassment claims be resolved through arbitration.

Campbell Litigation, P.C.April 26, 2018#MeToo, Arbitration AgreementsComment

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