Michael Newman

Michael Newman

Barger & Wolen

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Arbitration Clause In Collective Bargaining Agreement Doesn’t Cover Statutory Claims, Court of Appeal Rules

In Mendez v. Mid-Wilshire Health Care Center, the California Court of Appeal for the Second Appellate District held that the arbitration provision in a collective bargaining agreement governing a plaintiff’s employment did...more

10/29/2013 - Arbitration Collective Bargaining Discrimination FEHA Mandatory Arbitration Clauses Statutory Interpretation

Employer’s Right to Compel Arbitration, Even Where Demand Is Delayed, Affirmed By Ninth Circuit

In Richards v. Ernst & Young, The Ninth Circuit reversed the District Court’s denial of defendant’s motion to compel arbitration of state wage and hour claims asserted by a former employee. The District Court had...more

8/27/2013 - Arbitration Delays Mandatory Arbitration Clauses Motion to Compel Waivers

Employment Contract’s Choice-Of-Law Provision Governs Question of Arbitrability, Court of Appeal Rules

In Harris v. Bingham McCutchen, the California Court of Appeal, Second Appellate District held that the drafter of an adhesion contract could not avoid the contract’s choice-of-law provision in determining the enforceability...more

4/8/2013 - Appeals Arbitration Choice-of-Law Contract of Adhesion Disability Discrimination Discrimination Employment Contract

One-Sided Employment Arbitration Agreement Unconscionable, Court of Appeal Rules

In Compton v. Superior Court, the Court of Appeal, Second Appellate District, ruled that an arbitration agreement that the employer required an employee to sign as a condition of employment was unconscionable — and therefore...more

4/2/2013 - Arbitration Arbitration Agreements Contract Drafting Unconscionable Contracts

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