Seyfarth Synopsis: The California Court of Appeal held that separate arbitration and confidentiality agreements that were executed simultaneously during initial hiring should be read together, such that the unconscionability...more
Seyfarth Synopsis: The Court of Appeal affirmed an order denying an employer’s motion to compel arbitration because the employer failed to authenticate the employee’s electronic signature on the arbitration agreement....more
Seyfarth Synopsis: The California Supreme Court held that the Labor Management Relations Act does not preempt claims under the Labor Code where a defense requires little more than referring to a collective bargaining...more
5/1/2019
/ Appeals ,
Arbitration ,
CA Supreme Court ,
Collective Bargaining Agreements (CBA) ,
Contract Interpretation ,
Employment Litigation ,
Hiring & Firing ,
Labor Code ,
Labor-Managment Relations Act ,
Motion to Compel ,
Preemption ,
Reversal ,
Section 201 ,
Section 301 ,
Trial Court Orders ,
Unions ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: The Court of Appeal, in Savea v. YRC Inc., held that an employer complies with Labor Code section 226(a)(8) when the employing entity lists its fictitious business name on a wage statement rather than the...more
Seyfarth Synopsis: An employer did not incur waiting time penalties for inadvertently misstating the amount of pay on a final paycheck, but was liable for its delay in correcting the error. And, by taking an appeal from a...more
Seyfarth Synopsis: In Ly v. County of Fresno, the Court of Appeal held that correctional officers’ claims for race, ethnicity, and national origin discrimination were barred because the claims had been previously denied in...more
10/18/2017
/ Appeals ,
Claim Preclusion ,
Corporate Counsel ,
Department of Corrections ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Harassment ,
Jurisdiction ,
National Origin Discrimination ,
Police ,
Race Discrimination ,
Res Judicata ,
Retaliation ,
Summary Judgment ,
Workers' Compensation Claim ,
Workers’ Compensation Appeals Board (WCAB)
California courts generally favor forum selection clauses entered into freely by parties and where enforcement is not unreasonable. This general principle is true even if the forum selection clause is “mandatory” and requires...more