Searching Content indexed under Litigation, Mediation & Arbitration by David Kadue ordered by Published Date Descending.
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California Invalidates Wage Arbitration Agreement, Inviting U.S. Supreme Court Review
Seyfarth Synopsis: The California Supreme Court invalidated an employment arbitration agreement on August 29, 2019. At issue in OTO, LLC v. Kho was an agreement to arbitrate employment claims
United States
5 Sep 2019
Employees Who Won't Get On Board With Arbitration—Can Employers Rock The Boat?
Everything was smooth sailing with your latest greatest arbitration agreement, but then an employee refused to get on board.
United States
21 May 2019
Is "Calling It In" Really "Reporting For Work"?
Traditionally, "report for work" has meant physically showing up at the jobsite, ready to work.
United States
18 Feb 2019
Employer Wins A Round In Wage Case
Seyfarth Synopsis: In Donohue v. AMN Services, LLC, a class action alleging unpaid wages, the California Court of Appeal affirmed a summary judgment for the employer, upholding a rounding policy
United States
21 Dec 2018
Provisions Limiting Relief And Requiring Strict Confidentiality Doom Arbitration Agreement
Constance Ramos, a former partner of the Winston & Strawn law firm, sued Winston under California statutes addressing discrimination, retaliation, wrongful termination, and unfair pay.
United States
15 Nov 2018
Uber Epic: Arbitration Agreement Topples Class Claims
Seyfarth Synopsis: The Ninth Circuit, following the Supreme Court's 2018 decision in Epic Systems Corp. v. Lewis
United States
4 Oct 2018
Unlikely Ally: Employer Makes A Meal Out Of CBA Waiver
The Court of Appeal has sensibly applied that standard in upholding a CBA's waiver of a first meal period for shifts not exceeding six hours.
United States
23 Aug 2018
Is California's Latest Assault On Arbitration Constitutional?
Seyfarth Synopsis. Pending California legislation would make a mandatory arbitration agreement an unlawful practice under the Fair Employment and Housing Act, and a crime.
United States
13 Aug 2018
Staffing Agency Class Settlement Bars Subsequent Case Against Agency's Client
Based on the legal principle of res judicata, a prior class action settlement that released a staffing agency and its agents barred a subsequent class action against the staffing agency's client.
United States
24 Apr 2018
"Coercive" And "Disturbing" Arbitration Agreement Upheld Over Labor Commissioner's Protest
In OTO, LLC v. Kho, the California Labor Commissioner challenged a car dealership's mandatory arbitration agreement.
United States
31 Aug 2017
When Is A Civil Penalty Not A Civil Penalty?
Plaintiffs cannot circumvent arbitration agreements by characterizing claims for statutory damages as claims for civil penalties.
United States
17 Aug 2017
Hirer Of Independent Contractor Not Liable To Injured Contractor Employee
Alvarez injured himself when he drove a maintenance van into a shipping container. He sued Evergreen for negligently obstructing the driving lane with the shipping container.
United States
9 Aug 2017
California Supreme Court Invalidates Contractual Waivers Of Public Injunctive Relief
No California contractual provision, including one in an arbitration agreement, can waive the statutory right to seek injunctive relief to protect the general public. McGill v. Citibank, N.A. (April 6, 2017).
United States
20 Apr 2017
Court Of Appeal Upholds LAPD Recruits' Failure To Accommodate Claim
The Court of Appeal held that police officer recruits who were not "qualified individuals" under FEHA for purposes of their discrimination claim could nonetheless prevail on their claim for failure...
United States
1 Mar 2017
CBAs Must Specifically State Intent To Arbitrate Statutory Rights
Vasserman, instead of filing a grievance, sued in state court for violation of the California Labor Code, including claims for a failure to pay all regular and overtime wages and a failure....
United States
22 Feb 2017
Courts To Consider Theories, Not Facts, On Certification
In Lubin v. Wackenhut Corp., the California Court of Appeal reinstated an effort to certify a class of over 10,000 security officers required to sign on-duty meal period agreements.
United States
1 Dec 2016
English-Only Arbitration Agreement Deemed Unenforceable
An arbitration provision that was provided only in English to a population consisting of one-third Spanish speakers, and that required claimants to bear one-half of arbitration expenses...
United States
16 Sep 2016
Absent Express Contract, Arbitrator, Not Court, Rules On Class Arbitrability
The California Supreme Court, in Sandquist v. Lebo Automotive, deviated from rulings of most federal circuit courts to hold that the question of "who decides" whether class arbitration is available—courts or arbitrators—should be answered by interpreting the arbitration agreement under state contract law.
United States
4 Aug 2016
Personnel Investigation By Outside Attorney Protected From Disclosure In Discovery
Andrea Waters was a firefighter for the City of Petaluma. She claims that she was subjected to sex harassment and discrimination during her employment, and that she was retaliated against when she complained about it.
United States
14 Jul 2016
Employer Policy Failure Precludes Summary Judgment On Discrimination Claim
California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs.
United States
6 Jul 2016
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