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
Mattioda v. Nelson, 98 F.4th 1164 (9th Cir. 2024) - Summary: Disability-based harassment claims are available under the Americans with Disabilities Act and the Rehabilitation Act....more
5/10/2024
/ Americans with Disabilities Act (ADA) ,
Arbitration Agreements ,
Breach of Contract ,
Civil Rights Act ,
Disability Discrimination ,
Employee Transfers ,
Employment Discrimination ,
Harassment ,
Labor Code ,
Muldrow v City of St Louis ,
Reasonable Accommodation ,
Rehabilitation Act ,
SCOTUS ,
Stock Options ,
Title VII ,
Wages
Summary: An employer waives its right to arbitration if it fails to pay its share of the arbitration filing fee within 30 days of the payment’s due date....more
A plaintiff maintains standing to pursue a non-individual PAGA claim in state court when his individual PAGA claim is sent to arbitration pursuant to an arbitration agreement...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
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The act passed both houses of the legislature with broad bipartisan support. The act, which...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
OTO, L.L.C. v. Kho, 8 Cal. 5th 111, 251 Cal. Rptr. 3d 714 (2019) -
Summary: Mandatory arbitration agreement may be unenforceable against employee wage claims if agreement requires employee to forego Labor Commissioner...more
11/18/2019
/ Arbitration Agreements ,
Berman Hearings ,
CA Supreme Court ,
Labor Commissioners ,
Labor Law Violations ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Reversal ,
Unconscionable Contracts ,
Unpaid Wages ,
Vacated ,
Void and Unenforceable ,
Wage and Hour