Michael S. Kun, a member of the firm in EBG's Labor and Employment practice in Los Angeles, is quoted in an August 30 Bloomberg news article on a California Supreme Court ruling that requires a case-by-case analysis of the enforceability of class action arbitration waivers.

According to the article, "Circuit City Can't Deny Group Overtime Pay Actions," many retailers have been sued in California by employees who claim they have been illegally denied overtime pay. Employee class-actions have been more widespread in California than in other places throughout the U.S. because employees can recover more under state law than under federal law, according to Kun.

While many employers had anticipated that the California court would offer more certainty about the enforceability of the waivers, "The only thing that's certain is that there's going to be more litigation," Kun said.

Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.