A California Court of Appeal has issued a favorable opinion for employers regarding arbitration agreements. Specifically, the Court held that an employer did not waive its right to enforce an arbitration agreement by waiting to request arbitration until after the U.S. Supreme Court has issued a decision addressing the enforceability of class action waivers in arbitration agreements, the California Court of Appeal has ruled.  Reyes v. Liberman Broadcasting, Inc., No. B235211 (Cal. Ct. App. Aug. 31, 2012).  Significantly, the Court found the employer did not waive its right to arbitration because it had reasonably concluded it could not have enforce the agreement under the then-current state of California law and could have been subjected to class arbitration. For a detailed discussion of the case, please see our article, “Employer Did Not Waive Right to Compel Arbitration by Waiting for U.S. Supreme Court’s Decision on Class Action Waivers to File Its Motions“

 

 

Photo of Mark S. Askanas Mark S. Askanas

Mark S. Askanas is a principal in the San Francisco, California, office of Jackson Lewis P.C. He joined the firm in 1988 and is a senior employment law litigator who has served as lead counsel for cases in state and federal courts, as…

Mark S. Askanas is a principal in the San Francisco, California, office of Jackson Lewis P.C. He joined the firm in 1988 and is a senior employment law litigator who has served as lead counsel for cases in state and federal courts, as well as arbitration forums, throughout the western United States.

Mark practices all forms of complex litigation, including class actions and cases involving trade secrets and confidential information. He also counsels employers on all facets of employment law including, but not limited to, wage and hour issues and best preventive employment practices. He regularly speaks throughout the United States to employer groups and trade associations on these and other topics.