by Christopher W. Olmsted, Ogletree Deakins, San Diego
Here are seven hot-button topics that California HR leaders should stay on top of. Practical advice will help you comply with a shifting employment law landscape.
1. Waive goodbye to class actions
In 2015, you may—and you probably should—require your employees to sign an agreement waiving the right to file a class-action lawsuit.
In 2014, the Supreme Court of California issued its long-awaited decision in Iskanian v. CLS Transportation, (No. S204032, California Supreme Court, 2014). The court examined an arbitration agreement that required employees to bring their legal claims on an individual basis, not as a class action. The court held that class-action waivers in arbitration agreements were permissible under the Federal Arbitration Act (FAA). Further, the court ruled that the FAA preempted state law and prior court decisions holding to the contrary.
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