The Risk of Litigating Before Moving to Arbitrate - Many employers in California ask or require their employees to execute arbitration agreements. When a claim arises, the employer has a choice—proceed with litigation...more
Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence...more
In a unanimous opinion, the Supreme Court held today that the Federal Arbitration Act’s (“FAA”) exemption for any “class of workers engaged in foreign or interstate commerce” is not limited to workers whose employers are in...more
Summary - To qualify as a transportation worker for purposes of the FAA, an employee’s relationship to the movement of goods must be sufficiently close enough to conclude that the employee’s work plays a tangible and...more
Helix Energy Solutions Group Inc. v. Hewitt, 143 Superior Court 677 (2023) -
Summary -
Employee was eligible for overtime pay under the Fair Labor Standards Act (“FLSA”) because his “daily-rate” plan did not satisfy...more
After more than three years of litigation, the Ninth Circuit has held that AB 51, California’s attempt to ban mandatory employment arbitration agreements, is unenforceable....more
Meda v. AutoZone Inc., No. B311398, 2022 WL 2813819 (Cal. Ct. App. July 19, 2022) -
Summary: Where an employer has not expressly advised its employees that they may use a seat during their work and does not place seats at...more
Viking River Cruises Inc. v. Moriana, 142 S.Ct. 1906 (2022) -
Summary: The FAA “preempts the rule of Iskanian insofar as it precludes division of Private Attorneys General Act ("PAGA") actions into individual and...more
In a decision employers across California have been waiting for since December (see our initial article on this issue), the United States Supreme Court held this morning in Viking River Cruises, Inc. v. Moriana, that the...more
Naranjo v. Spectrum Security Services. Inc., No. S258966, 2022 WL 1613499 (Cal. May 23, 2022)
Summary: Unpaid meal- and rest-break premiums may serve as the basis for waiting-time penalties and inaccurate wage statement...more
Zuniga v. Alexandria Care Ctr., LLC, 67 Cal. App. 5th 871 (2021)
Summary: An expert may rely on inadmissible evidence to form an opinion if the source is reliable.
Facts: Plaintiff Rosalinda Zuniga was employed by...more
This morning, in its decision in Chamber of Commerce v. Bonta, No. 20-15291, the Ninth Circuit Court of Appeals vacated a January 2020 preliminary injunction against enforcement of AB 51, a 2019 California law effectively...more
Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) -
Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...more
8/11/2020
/ Appeals ,
Arbitration Agreements ,
Article III ,
CA Supreme Court ,
CAFA ,
Class Action Arbitration Waivers ,
Contract Terms ,
Discovery ,
Employment Discrimination ,
Federal Arbitration Act ,
First Amendment ,
FRCP 23 ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Private Attorneys General Act (PAGA) ,
Religious Workers ,
Right to a Jury ,
SCOTUS ,
Standing ,
State Arbitration Acts ,
Waiver of Rights
On January 31, 2020, Judge Kimberly Mueller issued a preliminary injunction "in full" preventing the State of California from enforcing AB 51, the state's new law effectively banning mandatory employee arbitration...more
2/5/2020
/ Arbitration Agreements ,
DFEH ,
Employment Contract ,
Federal Arbitration Act ,
Federal Labor Laws ,
Mandatory Arbitration Clauses ,
Preemption ,
Preliminary Injunctions ,
State Bans ,
State Labor Laws ,
TRO
On August 22, 2018, the California Senate voted to approve AB 3080, a bill prompted by the #MeToo movement against sexual harassment. Nominally, the bill is intended to combat the use of mandatory arbitration agreements and...more
8/23/2018
/ #MeToo ,
Arbitration Agreements ,
Confidentiality Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Federal Arbitration Act ,
FEHA ,
Governor Brown ,
Harassment ,
Mandatory Arbitration Clauses ,
Personal Liability ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Retaliation ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Waiver of Rights