California Supreme Court reverses a 2nd District decision, upholding an arbitration agreement despite three unconscionable provisions. The court clarifies that severing unconscionable terms is a qualitative, case-by-case decision, not an automatic rule. The case, Ramirez v. Charter Communications, highlights the ongoing debate over arbitration agreements in labor disputes. https://ow.ly/S46F50SCup6 #LegalNews #ArbitrationAgreements #LegalUpdates #EmploymentLaw
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In a significant ruling, the California Court of Appeal held that PAGA claims brought under California Labor Code contain BOTH individual and representative components. This means employers can compel arbitration of the individual portion under valid arbitration agreements, triggering a stay of litigation of the representative claim. Read more [subscription required]: https://ow.ly/VQV650Uyqfi #employmentlaw #Californialaw
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Labor & Employment ALERT Don't end up facing a waiver of arbitration! Kahana Feld Partner Brad Stuckey shares his insights on the California Code of Civil Procedure §§ 1281.97 and 1281.98, the decision handed down on May 22, 2024, and how failure to pay arbitration fees within the allotted time can lead to a waiver of arbitration. Read the Key Insights here: https://ow.ly/iEua50SbGjQ
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NCLS aims to make legal terminology easily understandable for everyone. What is a Tribunal? A tribunal is a special type of court that deals with specific disputes, such as employment issues or benefits claims. Unlike traditional courts, tribunals are usually less formal. The process is designed to be quicker and more accessible, helping people resolve their issues without the complexity of a full court hearing. Find out how we can help support you by heading to the link in our comments section. #Norfolk
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Recognized Defense Litigator For Workplace Class Action Lawsuits. Author & Civil War History Writer. Amateur Golfer.
Interesting read on the swing in arbitration rulings this term before the U.S. Supreme Court
In Sign of Arbitration Shift, Corporate Defendants Go 0-3 This Supreme Court Term | National Law Journal
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Team Leader @ The Talent Experts | Specialist Consultant I lead a team that connects quality engineering candidates to leading companies in Renewable Energy, Oil & Gas, Consulting, Construction, and Manufacturing.
Such a valuable update and something to be conscious of as skills become even more scarce in South Africa and business becomes more guarded. Restraints of trade do "hold water" so to say and this will be a big shift in how restraints are defended.
Founder HJW Attorneys: Best Boutique Law Firm Africa 2019, 2021, 2022, 2023 & 2024 | 3 time Finalist: "Partner of the Year" African Legal Awards | M&G Top200 Young South Africans | Mom | Contact: Megan@hjwattorneys.co.za
Restraints of Trade: you can no longer now always rely on the excuse that “the client sought you out” - a new judgment of the Labour Court has found that you actually have a duty to turn those clients away during your restraint period. This is, however, obviously highly dependent on the terms of the restraint clause at play, but this is a telling extract from the judgment in question: “In my view, this is an untenable proposition, and if ascribed to, would render most trade connection restraints in especially the service sector (industry), completely valueless. Simply described, all that an employee would have to do to defeat a restraint is to say it was not me, but it was the client, and it will be virtually impossible to prove the contrary, especially considering that the client obviously would support the employee. In fact, this kind of situation is still regarded as client solicitation, in the form of indirect solicitation” For more info see our latest blog post on HJW Attorneys & Conveyancers https://lnkd.in/dCQ_bTT6 #labourlaw #restraintoftrade #employmentlaw
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Front page new stories are heralding the death of non competition agreements. But what’s the real story? Politics, party lines, agency authority and judicial precedent … non competes have a nuanced and complicated history in the United States, and the legal issues underlying the debate are evolving quickly on local, state and federal fronts. What is certain, however, is that if you are an employer with intentions of requiring employees to sign a non compete, you should pause, consider the state of the law, understand benefits and risks, and proceed with caution. Read more here: https://bit.ly/3Qe36jS #noncompete #hrlaw #employmentlaw Misti Mukherjee David Sotolongo Jacky Tully
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Constangy attorney Chris Deubert's article on #NFL Commissioner Roger Goodell's arbitral role in the Brian Flores case was recently published by Forbes. The article, also published in Constangy's Labor and Employment Insider blog, delves into the significant legal implications of Goodell's role as an arbitrator in the discrimination case and discusses how this issue could impact arbitration practices nationwide. Learn more here: https://lnkd.in/gjX8rrXx #EmploymentLaw #SportsLaw #Arbitration
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Facing disputes at the CCMA or Bargaining Councils? Don’t navigate the process alone. Laboria Law specializes in defending employers, ensuring that your rights are protected during conciliations, arbitrations, and negotiations. With expert legal representation, you can focus on your business while we handle the complexities of labour disputes. Let us stand by your side when it matters most. Contact Johan Naude at 083 689 4100 Email us at info@laboria-law.co.za for professional support! #LaboriaLaw #EmployerDefense #CCMARepresentation #BargainingCouncilSupport #LegalExpertise
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New employment article - "Anonymity Orders in the Employment Tribunal". Simon Anderson considers the legal framework, practical steps, and tactical risks. Click below to read more! #employmentlaw #civillaw #PSQB https://lnkd.in/dQ7idUTA
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