Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Arbitration of CCPA Claims

Recent putative consumer class action cases filed against Ring and Zoom raise allegations under the California Consumer Privacy Act (“CCPA”) and are likely to be the first battlegrounds over the CCPA’s potential…

Not So Fast: Southern District of New York Holds Federal Law Pre-Empts State Sexual Harassment Arbitration Law

As we reported on June 21, New York blew the lid off 30 years of sexual harassment and discrimination law by passing legislation that, among other things, bars mandatory arbitration of all claims of discrimination.…

Another Legislative Attempt to Curtail Mandatory Arbitration Clauses

Businesses often include mandatory arbitration clauses in their pre-dispute dealings with customers to prevent costly consumer class actions in favor of streamlined (often individual) arbitration. The Federal…

Ninth Circuit Invalidates Class Waiver in Arbitration Agreement

In a ruling that widens the divide between federal appellate courts, the Ninth Circuit sided today with the Seventh Circuit and the National Labor Relations Board (“NLRB”) in holding that the class action waiver…

Sandquist v. Lebo Automotive, Inc.: California's Cautionary Tale About the Importance of Drafting Arbitration Agreements with Precision

Ambiguities in employee arbitration agreements may force employers to litigate putative class action claims in arbitration. The California Supreme Court delivered this cautionary message by its recent holding in…