Arbitration Agreements and Class Action Waivers Post-Epic Systems

When business owners call my office looking for guidance because their accountant, fellow business owners, colleagues, or friends told them they should talk to an employment lawyer about their fears and concerns surrounding an employee issue, I ask a series of questions to get a better understanding of what is going on in the business. One of the questions I ask is: Do you have an arbitration agreement? 9 out of 10 times there is a pause and a response that ranges from “can you tell me what that is” and “I’m not sure.” It’s understandable because unless you’re a doctor’s office, arbitration agreements aren’t part of your everyday life. However, these businesses are missing out on a great tool that could be used in their favor if they value privacy, expediency, and cost-savings should a dispute arise with an employee. Especially given the Supreme Court’s decision in Epic Systems Corp. v. Lewis. Below is an article I wrote on the decision that was recently published in the Orange County Lawyer’s Magazine. Although aimed at attorneys, it gives employers a better … Continue reading
Are Electronic Signatures Valid?

Many have asked “are electronic signatures valid?” The answer is YES. Section 1633.7 of the California Civil Code states that an electronic signature has the same legal effect as a handwritten signature. The problem is proving who signed that electronic signature in court. Technology has made it so easy to sign our lives away with merely the click of a mouse. It’s so easy that most of us don’t read the documents nor do we remember if we clicked our agreement. But what happens when you as an employer wants to use that electronic signature as proof of an agreement? Are you able to establish in court that this particular employee clicked the mouse that caused the electronic signature to appear? If your answer is “no” or “probably not” you may have wasted the money you paid an attorney (or Google) to draft that arbitration or confidentiality agreement that a court will not enforce. Just last week, my favorite California Court of Appeal issued an opinion in Ruiz v. Moss Bros. Auto Group, Inc. upholding the trial court’s finding that Moss Bros., … Continue reading