The Ninth Circuit Court of Appeals has ruled that an ex-Tinder employee must arbitrate her claims against her former employer and cannot pursue her claims in court, even though her claims arose before she executed an arbitration agreement. In reaching this decision, the Ninth Circuit not only enforced the broad language of the parties’ arbitration agreement, but also held that a unilateral modification clause (granting the employer the right to make changes to the agreement) does not, in and of itself, render an arbitration agreement unenforceable. Elizabeth Sanfilippo v. Match Group LLC et al., Case No. 20-55819, 2021 U.S. App. Lexis 29263 (9th Cir. Sept. 28, 2021).

Read the full article at Jackson Lewis’ Litigators at Work Blog.

Photo of Scott P. Jang Scott P. Jang

Scott P. Jang is a principal in the San Francisco, California, office of Jackson Lewis P.C. and a co-leader of the firm’s Class Actions and Complex Litigation practice group and Technology industry group. He represents management in all areas of employment law, with…

Scott P. Jang is a principal in the San Francisco, California, office of Jackson Lewis P.C. and a co-leader of the firm’s Class Actions and Complex Litigation practice group and Technology industry group. He represents management in all areas of employment law, with particular focus on class actions and complex litigation. Scott is a member of the firm’s California Class and Private Attorneys General Act (PAGA) Action group, as well as a member of the California Advice and Counsel resource group.

Scott’s litigation experience covers the full spectrum of employment law. He has experience defending employers against claims for alleged discrimination, harassment, retaliation, wrongful termination, and unfair competition. He also has experience defending employers against various wage and hour claims, including claims for alleged overtime, meal and rest breaks, and business expense reimbursement. Scott’s trial practice includes having served as second chair in a bench trial in the U.S. District Court for the Northern District of California, in which a national beverage manufacturer fully prevailed on all claims for alleged misclassification. He has also served as first chair in several arbitrations for a national retailer for alleged wage and hour violations.