California Appellate Court Holds Arbitrators, Not Courts, Must Decide Whether Arbitration Agreement Prohibits Class Arbitration When Agreement Silent On Issue

California Appellate Court Holds Arbitrators, Not Courts, Must Decide Whether Arbitration Agreement Prohibits Class Arbitration When Agreement Silent On Issue

On June 25, 2014, in Sandquist v. Lebo Automotive, Inc., Case No. B244412 (Cal. App. Ct. June 25, 2014), the California Court Of Appeal for the Second Appellate District reversed a trial court’s order dismissing class claims with prejudice, holding that whether the parties agreed to class arbitration was an issue that should be decided by the arbitrator, not the trial court.

U.S. Supreme Court Refuses to Hear Petition That Proceeding As a Collective Action Under the FLSA is a Non-Waivable Substantive Right

U.S. Supreme Court Refuses to Hear Petition That Proceeding As a Collective Action Under the FLSA is a Non-Waivable Substantive Right

In the last week, we have seen several significant decisions from the U.S. Supreme Court.  On Monday, however, the Court made a noteworthy “non-decision” by declining a petition for certiorari that raised the question of whether a collective action under the Fair Labor Standards Act is a non-waivable, substantive right.