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Searching Content indexed under Employment Litigation/ Tribunals by David Kadue ordered by Published Date Descending.
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1
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
2
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
3
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
4
Termination Pay Penalties: Easy To Incur, Impossible To Reduce?
Employers must pay "waiting time" penalties for willfully failing to timely pay wages due upon termination.
United States
31 May 2018
5
High Court Applies "ABC" Test When Assessing Independent Contractor Status
The California Supreme Court, in Dynamex Operations v. Superior Court, held that "engage, suffer or permit to work" determines employee status for Wage Order claims.
United States
3 May 2018
6
"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
7
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
8
Refusal To Rescind Employee's Resignation Not An Adverse Employment Action
The California Court of Appeal has held that an employer's refusal to honor an employee's rescission of a voluntary resignation is not an adverse employment action under the Fair Employment and Housing Act.
United States
27 Apr 2017
9
Refusal To Rescind Employee's Resignation Not An Adverse Employment Action
The California Court of Appeal has held that an employer's refusal to honor an employee's rescission of a voluntary resignation is not an adverse employment action under the Fair Employment and Housing Act.
United States
26 Apr 2017
10
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
11
National Airline Flies Past California Peculiarities
A California federal judge has held that an out-of-state employee's limited presence in California is not enough on its own to require the employer to comply with California wage and hour laws.
United States
25 Jan 2017
12
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
13
Opposing Employer Actions Directed At General Public Not Protected Activity
An employee who expresses opposition to an employer's policies and practices that affect members of the general public is not engaging in an activity that FEHA protects...
United States
23 Nov 2016
14
Wage Statements Need Not Reflect Value Of Accrued Vacation
Accrued vacation pay is not a category that must appear on employee wage statements.
United States
9 Nov 2016
15
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
16
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
17
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
18
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
19
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
20
Piece Rate In A Pickle: California Gets More Peculiar Still
The California Legislature seems intent on ending piece-rate pay as we have known it.
United States
21 Oct 2015
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