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Arbitration

Arbitration

Agency Policy That Arbitration Agreements Unenforceable for Wage Claims, submitted by DLSE. Arbitration agreements cannot bar employees from recourse to the California Labor Commissioner on wage and hour claims, according to this policy interpretation by the Department of Labor Standards Enforcement.

California Common Law on Contract Unconscionability Determines if Arbitration Clause Valid, submitted by Sharon R. Vinick.

Arbitration Clause in Employment Application Not Enforceable, submitted by Michael R. Kirschbaum.

Arbitration Clause in "This is Not a Contract" Employee Handbook Invalid, submitted by Harvey Berger.

Arbitration Cause Unenforceable When Employee Signature Unauthenticated, submitted by John Shaw.
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Hidden Arbitration Clause First Given Employee After Quit Prior Employment Not Enforceable, submitted by Sharon R. Vinick.

Arbitration Cause Not Binding on Employee Unless Employer Also Bound, submitted by John Shaw. Includes discussion of the 2002 Court of Appeal decision Mercuro.
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Arbitration Clause Not Binding on Employee Unless Employer Also Bound, submitted by Harvey Berger.

Arbitration Cause With Employer Not Binding Unless Individual Defendant Also Bound, submitted by John Shaw.
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Employer Waives Right to Arbitrate by Delaying Arbitration Demand, submitted by Michael Kirschbaum.

Employer Waives Right to Arbitrate by Engaging in Discovery, submitted by Harvey Berger.

Employer Cannot Require Arbitration Forum in Another State, submitted by Sharon R. Vinick.

Arbitration Clause Requiring Employee to Share Arbitration Costs Invalid, submitted by Steve Phillips.
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Employer Must Pay Arbitration Costs and Cannot Require Loser Pay Attorney Fees, submitted by Sharon R. Vinick.

Opposition to Motion to Compel Arbitration 1, submitted by Sharon R. Vinick. Arbitration clause buried in contract first shown to new employee after resigned prior employment is not enforceable. If arbitration clause otherwise valid, employer must pay arbitration costs and cannot require loser to pay attorney fees. Employer cannot require that forum be in another state.

Opposition to Motion to Compel Arbitration 2, submitted by Michael Kirschbaum. Arbitration clauses in employment applications are not enforceable as a matter of law. Arbitration clauses not binding on employee unless employer also bound to only arbitrate. Any right of employer to arbitrate waived by employer's delay in demanding arbitration.

Opposition to Motion to Compel Arbitration 3, submitted by Harvey Berger. Arbitration clause in a "this is not a contract" employee handbook is not valid because not a contract, the clause is invalid because the employer it does not also bind the employer, and employer waived any right to demand arbitration by using civil discovery.

Opposition to Motion to Compel Arbitration 4, submitted by John Shaw. Arbitration clause with company invalid because individual defendant not also bound, because employer waived right to arbitrate by delay, because clause requires only employee and not employer to arbitrate, and because clause is otherwise unconscionable.
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Article on Circuit City, Inc. v. Adams, submitted by Tim Williams. Analyzes the effect of the United States Supreme Court's March 2001 decision that the Federal Arbitration Act applies to all employees except transportation workers.

Appellate Brief on Viability of Duffield after Circuit City, submitted by Michael H. Crosby. This 9th Circuit brief argues Duffield, prohibiting mandatory arbitration of Title VII actions, is still good law after the U.S. Supreme Court's decision in Circuit City v. Adams. However, a divided 9th Circuit panel decided otherwise in EEOC v. Luce Forward.
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Unconscionable Arbitration Clauses Cannot be Edited and Enforced , by F. Paul Bland, Jr. Defendants often argue that if an arbitration is unconscionable, the employer or court may edit the clause and then enforce it as amended. This article surveys cases throughout the country, collecting solid arguments to the contrary.
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Arbitration Brief Regarding Summary Judgment and Discovery, submitted by Eve Chesbro. Argues that arbitrator has no authority to rule on a summary judgment motion and opposes defense motion to limit the employee's discovery to the issues raised in the defense summary judgment motion.

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