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On April 21, 2021, the Second Appellate District of the Court of
Appeal of the State of California filed an unpublished opinion rejecting Uber s
attempt to enforce an arbitration provision that waived an
employee s right to bring a claim under the California Private Attorneys General Act (PAGA). This
statute authorizes aggrieved employees to file lawsuits
to recover civil penalties from employers for violations of the
California labor code.
The plaintiff, Jonathan Gregg, filed a lawsuit against Uber in
August 2018, alleging that the ride-share company willfully
misclassified him as an independent contractor rather than an
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A recent study found that, for people in large employer
health plans, 18% of emergency visits and 16% of in-network
inpatient admissions result in at least one out-of-network charge.
Starting next year, however, plans, healthcare facilities,
laboratories, medical transportation providers, and other
healthcare providers will have to comply with a complex set of new
federal requirements designed to protect patients from surprise medical bills.
Although the concept of holding patients harmless from
unanticipated out-of-network medical bills became a national policy
priority with bipartisan interest in 2019, it took nearly two years
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Mediation has always been a process, not just an event. This
process includes pre-session submissions to the mediator (and to
all parties) and joint and/or individual pre-session calls.
Historically, we have focused disproportionate attention on the
single day when everybody gets together in the same room. Despite
the fact that most parties spend most of their time on that day in
separate rooms, we know that having everybody together can build
momentum toward settlement that is hard to replicate in any other
environment. Because of this, we spend a lot of time and effort to
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Mandatory arbitration clauses for employment disputes have
received a great deal of attention in recent years. In the First
Circuit, there is now more clarity regarding the factors used to
determine the enforceability of online arbitration agreements.
Overview
The First Circuit Court of Appeals recent decision,
Emmanuel v. Handy Technologies, Inc.,
concerns the appellant s 2015 putative class action against
Handy Technologies, Inc., which operates an online platform that
allows users to hire housekeepers and other providers of home
services. One of the main claims in the putative class action suit
Part Two of my series on Effective Mediation Techniques for Complex Cases focuses on the timeline and mechanics of such mediations and includes an analysis of in-person vs. Zoom or other virtual platforms for mediations.