Searching Content indexed under Trials & Appeals & Compensation 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
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
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
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
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
Reasonable Accommodation Protections Expanded To Non-Disabled Employees
California court creates new duty to accommodate employees who, although not themselves disabled, are associated with a disabled person.
United States
19 Apr 2016
For Reasonable Accommodation Claims, Employer Intent May Be Irrelevant To Liability
Employer intent is not a required element in a disability discrimination claim alleging a failure to accommodate, and the employer bears the risk of mistaking the employee's abilities.
United States
10 Mar 2016
Surprisingly Good News: California Supreme Court Upholds Arbitration Agreement
Many companies doing business in California have had difficulty persuading California courts to enforce their arbitration agreements.
United States
12 Aug 2015
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