Departing from the ruling in Soltero v. Precise Distribution earlier this year, the California Court of Appeal in the Second District in Gonzalez v. Nowhere Beverly Hills LLC, created a split of authority regarding an alleged...more
12/11/2024
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Grocery Store Workers ,
Grocery Stores ,
Labor Law Violations ,
Motion to Compel ,
Non-Signatories ,
Wage and Hour
A recent Court of Appeal decision reminds California employers to review severability provisions within employment arbitration agreements. In Nichole Kec v. Superior Court, a former employee (Kec) brought individual, class...more
A well-drafted arbitration agreement is crucial to ensuring claims arising from an employment relationship will be resolved by final and binding arbitration. ...more
We previously highlighted Assembly Bill 51, which prohibits employers from requiring employees or applicants for employment to “waive any right, forum, or procedure for a violation” of the Fair Employment and Housing Act or...more
1/2/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Labor Regulations ,
Motion To Enjoin ,
New Legislation ,
Preemption ,
Restraining Orders ,
State and Local Government ,
State Labor Laws ,
TRO
Concluding that TWC Dealer Group, Inc.’s arbitration agreements were both procedurally and substantively unconscionable, California’s First Appellate District’s recent decision highlights certain contractual terms and...more
In our previous blog we wrote about California’s Assembly Bill 51, which largely impacts arbitration agreements by prohibiting employers from requiring employees or applicants for employment to agree to arbitrate claims for...more
10/21/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employment Contract ,
FEHA ,
Hiring & Firing ,
Labor Regulations ,
Motion to Compel ,
New Legislation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
California Governor Gavin Newsom signed groundbreaking legislation largely impacting mandatory arbitration agreements (Assembly Bill 51) and extending the deadline to file a harassment complaint from one to three years...more
10/16/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
DFEH ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Harassment ,
Labor Regulations ,
New Legislation ,
Preemption ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations
Arbitration is a highly controversial topic in California.
Just last year 20,000 Google employees walked off the job in protest of Google’s policy to arbitrate workplace misconduct claims. A few weeks ago more than 200...more
7/12/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Contract ,
Labor Regulations ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Unenforceable Contract Terms
There have been significant changes to state and federal laws in 2016 affecting employers of all sizes and in many industries. We'd like to help our clients stay apprised of some of the more critical changes by reminding all...more
12/21/2016
/ Affordable Care Act ,
Agricultural Workers ,
Arbitration ,
Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Department of Labor (DOL) ,
Employee Restrooms ,
Employment Discrimination ,
Employment Eligibility Verification ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
Fair Pay Act ,
Form 1094 ,
Form 1095 ,
Form I-9 ,
Gender-Based Pay Discrimination ,
Health Insurance ,
Healthcare ,
Janitorial Services ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Minimum Salary ,
Minimum Wage ,
Over-Time ,
Paid Time Off (PTO) ,
Payroll Records ,
Popular ,
Private Schools ,
Required Forms ,
Sick Leave ,
Teachers ,
Wage and Hour ,
Wage Statements ,
Wages ,
White-Collar Exemptions