Carmine Pearl, II

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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California Court Rules That Employee’s Occasional Performance of Nonexempt Duties Does Not Negate Exempt Status.

In an unpublished opinion, Abarca v. JK Residential Services, Inc.., No. B256488 (June 26, 2015), the California Court of Appeal, Second Appellate District, recently affirmed a trial court order rejecting a residential...more

11/12/2015 / Appeals , Corporate Counsel , Exempt-Employees , Misclassification , Non-Exempt Employees , Trial de Novo

California Court Finds Arbitration Agreement Did Not Unlawfully Limit Judicial Review

Valdez v. Santa Lucia Preserve Co., No. H040685 (March 23, 2015): In an unpublished opinion, the California Court of Appeal for the Sixth Appellate District overturned a trial court’s ruling denying an employer’s motion to...more

5/4/2015 / Appeals , Arbitration , Arbitration Agreements , Employer Liability Issues , Judicial Review , Putative Class Actions , Wage and Hour

California Court Rules on Whether to Compel Arbitration Where Employer Could Not Authenticate Employee’s Electronic Signature

Ruiz v. Moss Bros. Auto Group., Inc., No.E057529 (December 23, 2014): Challenges to the validity and enforcement of arbitration agreements continue to be a hotly litigated area of California wage and hour law, specifically...more

3/2/2015 / Appeals , Arbitration , Arbitration Agreements , Authentication , E-Signatures , Employer Liability Issues

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