Seyfarth Synopsis: The Ninth Circuit held that an employee who initially pursued claims in arbitration could later elect to proceed in court after discovery revealed a claim covered by the Ending Forced Arbitration Act (“EFAA”). The court also concluded that the employee had not waived that right and could litigate her entire case, including otherwise arbitrable claims, in court.…

Continue Reading Arbitration Is Not Always the Last Stop: Ninth Circuit Allows Employee to Change Forums After Discovering a Claim Covered by the EFAA

By Andrea N. Vizzo and Joshua A. Rodine

Seyfarth Synopsis: On March 25, 2024, the California Supreme Court unanimously answered three questions regarding the meaning of  “hours worked” that had been certified to it by the Ninth Circuit Court of Appeal. This ruling illuminates what constitutes employer control sufficient to render particular activities compensable under Industrial Welfare Commission Wage Order…

Continue Reading California Supreme Court Attempts To Clarify Issues Of Control