My employer is asking me to break the law or commit a crime. What do I do?

2018-09-19T17:14:59+00:00 September 12th, 2018|Arbitration|

My Employer Is Asking Me To Break The Law Or Commit A Crime. What Do I Do? Many employers break the law. Rather than play by the rules, they choose to cheat to gain an advantage over their competitors. Common examples of are: Violating OSHA health and safety regulations; California and Federal Wage law violations; [...]

Judge Keeps Uber Employment Lawsuit Out of Arbitration

2017-12-13T21:46:40+00:00 June 29th, 2015|Arbitration, General Labor Law|

A recent ruling by a United States District Court judge in San Francisco was a win for California Uber-drivers. In the case, Ronald Gillette et al. vs. Uber Technologies et al., the plaintiff, Ronald Gillette, brought the suit late last year with hopes of making it a class action. The lawsuit specifically claims that Uber, [...]

Ninth Circuit Questions Enforceability of “No Future Employment” Clauses

2017-12-13T21:46:41+00:00 May 11th, 2015|Arbitration, General Labor Law|

The validity of “no future employment” clauses in settlement agreements is being questioned by the United States Court of Appeals for the Ninth Circuit. In the case Golden v. California Emergency Physicians, the court recently overturned a District Court’s order finding a "no future employment" provision enforceable. The Court directed the lower court to re-examine the agreement and determine [...]

Employers are Increasingly Requiring Employees to Waive Right to Bring Class Action

2017-12-13T21:46:41+00:00 April 20th, 2015|Arbitration, Class Action, General Labor Law|

In 2011, the United States Supreme Court held in AT&T Mobility v. Concepcion that companies may ban consumers from participating in class actions. While that case involved consumers, lower courts and businesses have extended the ruling to cover employees as well. Consequently, more companies are requiring employees to arbitrate serious complaints and adding provisions to [...]

The Latest Battle In the Arbitration Wars

2016-08-08T22:15:56+00:00 July 21st, 2014|Arbitration|

Many employees who call a lawyer expect to be able to sue, even if only as a last resort. But then they sometimes find out that they have signed an arbitration clause which will force their case to be decided by an arbitrator instead of a judge – and an arbitrator paid for by their [...]

Hearing Set in Landmark Employee Arbitration Case

2017-03-02T23:52:11+00:00 April 11th, 2014|Arbitration, General Labor Law|

One of the important cases in the so-called “arbitration wars” recently got a hearing date Oral argument has been set in Iskanian v. CLS Transportation before the California Supreme Court for Thursday, April 3, 2014. A ruling could provide important information on how arbitration agreements are handled.  In this case, the trial court ordered the [...]

Arbitration Agreement Determined to be OK Despite Unconscionable Provisions

2016-08-09T22:44:08+00:00 February 24th, 2014|Arbitration|

Despite a ruling that provisions were unconscionably unfair, an employer’s arbitration agreement was determined to still be useable, in a decision filed August 29, 2013 and published on September 26, 2013.   Defendant moved to compel arbitration.  A lower court determined the agreement to be unconscionable.  Defendant appealed. The higher court ruled that the agreement was [...]

Arbitrations and Union Agreements Taken On by Second District

2017-12-13T21:46:47+00:00 February 21st, 2014|Arbitration|

Just because an employee has a union contract doesn’t mean they have to send their discrimination case to arbitration, according to a ruling filed September 23, 2013 decision ordered published on October 15, 2013. On appeal from a Los Angeles County case, the appellate court reviewed the case about a nurse’s assistant who was a [...]

California Supreme Court Rules Los Angeles Must Arbitrate Furloughs

2017-03-02T21:50:28+00:00 February 10th, 2014|Arbitration|

City of Los Angeles employees, represented by their union, alleged that furloughs violated their employment agreements.  The lower court granted the union’s petition for an order compelling arbitration.  Then the city petitioned the Court of Appeal for a writ of mandate, asking it to overturn the state court’s decision.  The Court of Appeal granted the [...]

Motion to Compel Arbitration Upheld

2016-08-09T22:53:23+00:00 February 5th, 2014|Arbitration|

Two women filed a sexual harassment complaint against their employer, who filed a motion to compel arbitration.  The trial court ruled for the plaintiffs’ side, holding that the agreement was unconscionable.  The Second Appellate District found the trial court erred – because the agreement was procedurally unconscionable, not substantively unconscionable. Both must be present, although [...]

Another Chapter in the Arbitration Wars

2017-03-02T21:47:19+00:00 October 13th, 2013|Arbitration|

The Supreme Court granted review on Iskanian v. CLS Transportation L.A., LLC in September of 2012. The Court of Appeal granted arbitration and dismissed class claims, so Plaintiff could pursue an individual claims under the Private Attorneys General Act in arbitration, and that AT & T vs. Conception overruled Gentry, a case that held class [...]

Another Chapter in Arbitration Wars

2017-12-13T21:46:47+00:00 July 15th, 2013|Arbitration|

The legality of arbitration agreements brings a lot of people to Court in California. In this case, an order denying Defendant’s motion to compel arbitration was brought to the California Appeals Court, who found the trial court did not err in deciding the arbitration agreement was unenforceable under Massachusetts law, which the parties agreed applied [...]

Mandatory Arbitration Disputed

2016-08-10T16:45:35+00:00 April 18th, 2013|Arbitration|

Defendant moved to compel arbitration and asked the court to allow arbitration on an individual basis only, not as a class, even though the Plaintiffs had filed their complaint as a class action. The court granted the motion to compel arbitration, but rejected Truly Nolen’s request that it be individually arbitrated. The issue of whether [...]

Another Chapter in the Arbitration Wars

2017-03-02T21:50:40+00:00 April 7th, 2013|Arbitration|

On September 19, 2012, the Supreme Court granted review on Iskanian v. CLS Transportation L.A., LLC. The putative wage and hour class action case petitioned for review after the Court of Appeal affirmed an order compelling arbitration and dismissing class claims. The decision held that the Plaintiff could pursue individual claims under the Private Attorneys [...]

Controversial Arbitration Decision

2017-12-13T21:46:47+00:00 February 5th, 2013|Arbitration|

A sales manager at a Southern California Toyota dealership was fired four weeks before the expiration of his approved medical leave under the Moore-Brown-Roberti Family Rights Act, also known as Government Code Sections 129451 and 129452, or “CFRA”. The employer alleged they believed Avery Richey was working part time in a restaurant he owned while [...]