Holding that arbitration provisions banning class-action litigation or collective arbitration of employment-related claims are enforceable under the NLRA and the FAA's saving clause, but also holding that arbitration provisions banning representative claims under California's Private Attorneys General Act violates that Act
Concluding mandatory means of assenting established by two sentences: "'Until such time, if ever, as such more formal agreement i . . . concluded, this agreement when signed by the parties hereto will constitute a legal and binding obligation of the parties. Please acknowledge your approval of the foregoing terms by signing a copy of this letter in the space indicated below'"
207 Cal.App.4th 1511 (Cal. Ct. App. 2012) Cited 85 times
Holding no agreement to arbitrate formed where employment handbook wording suggested handbook was informational rather than contractual, and acknowledgment stated only, "the Handbook contains important information about [the employer's] general personnel policies and on [the employee's] privileges and obligations as an Employee . . . I understand that I am governed by the contents of the Handbook"
Holding acknowledgment of handbook containing arbitration provision insufficient to establish arbitration agreement where handbook stated that employees were required to sign arbitration agreement and would be provided a copy of their signed arbitration agreement
Rejecting argument that non-signing employee had impliedly consented to arbitration by continuing employment after learning that signing an arbitration agreement was a condition of employment
Holding the defendant "not strict liable for injuries caused by the [device] if it was properly manufactured and was distributed with adequate information regarding the risks and dangers of which [the manufacturer] knew or should have known at the time."