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14 search results for: arbitration

1

PAGA Lawsuits Not Subject to Arbitration

PAGA Lawsuits The Labor Code Private Attorneys General Act (PAGA) authorizes aggrieved employees to file PAGA lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. Employees pursuing PAGA claims must follow specified requirements. Labor Code Sections 2698 – 2699.5. Courts enforce employer-mandated arbitration agreements more often than before. […]

2

California Court Rejects Unconscionable Arbitration Agreement

Martha Carbajal sued her former employer, CW Painting, for unpaid wages.  The employer moved to compel arbitration pursuant to the employment agreement Carvajal signed.  The trial court denied the motion and refused to enforce the unconscionable arbitration agreement. CW appealed, but the Fourth Appellate District agreed with the trial court.  You can read the full […]

3

Another Arbitration Agreement Upheld by Supreme Court

I’ve written several articles regarding the somewhat recent shift toward courts upholding arbitration agreements.  A few years ago, California courts in particular were reluctant to force employees into arbitration even when the parties agreed to resolve all disputes through arbitration.  After AT&T Mobility LLC v. Concepcion, 563 U. S. 333, held that California’s Discover Bank […]

4

PAGA Waiver in Arbitration Agreements

Arbitration Agreements Plaintiffs attorneys and defense attorneys are waging a battle over arbitration agreements.  A new Ninth Circuit decision is considered a win for the plaintiffs’ bar.  A few years ago, it was difficult for an employer to enforce an arbitration clause in California.  Recently, the U.S. Supreme Court in AT&T v. Concepcion made it clear […]

5

Happy Holidays and Predictions for 2018

Happy Holidays Before I get into my employment law predictions for 2018, let me thank my friends, family, colleagues and clients. You’ve helped make 2017 so successful. I am so grateful and blessed to have so many wonderful people in my life. Practicing law gives me the opportunity to help others and change their lives […]

6

Is My Electronic Signature Binding?

Is My Electronic Signature Binding? Agreements may not be denied legal effect because they are in electronic form or have an electronic signature. California’s Uniform Electronic Transactions Act states, [a]n electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be […]

7

New Employment Laws for 2017

Once again the California Legislature has been hard at work passing new employment laws. The following is the “final” list of bills signed by the governor. All bills will take effect on January 1, 2018, unless otherwise specified in the bill. Many of the bills are only applicable to specific industries. Others apply to all […]

8

Celebrate the New Year

As we enter the new year, I want to thank my colleagues, clients, friends and family who made 2016 such a success. I opened my Pleasanton office a little more than a year ago. With your support and encouragement, I continue to help my clients resolve their workplace issues. It has been a great year, […]

9

California Employers Cannot Designate Choice of Law or Venue

What is a Choice of Law or Venue Provision? Many contracts, including employment contracts, contain choice of law and/or a venue provisions. A choice of law provision directs a court which state’s laws apply. A venue provision dictates where to try the case. For example, even though you work in California, your employment contract could follow Massachusetts law. […]

10

Class Action Waiver Unenforceable

In Garrido v. Air Liquide Industrial U.S. LP (CA2/2  B254490 on rehearing 10/26/15) the court held the employer’s class action waiver unenforceable for non-FAA arbitration. Mario Garrido signed a written employment agreement with his employer, American Air Liquide, Inc. (Air Liquide).  The agreement required all disputes arising out of Garrido’s employment with Air Liquide to be resolved by arbitration, […]