In Salas v. Sierra Chemical Co., No. S196568 (Cal. June 26, 2014), the California Supreme Court has ruled that federal immigration law did not preempt California law extending employee protections and remedies “regardless of immigration status,” except to the extent it authorized damages for any period after the employer’s discovery of an employee’s ineligibility
Arbitrator, Not Court, Decides Arbitration Agreement’s Enforceability, California Court Holds
A clause delegating to an arbitrator the authority to decide questions of an arbitration agreement’s enforceability was not unconscionable under California law, the California Court of Appeal has ruled. Malone v. Superior Court, No. B253891 (Cal. Ct. App. June 17, 2014). The Court affirmed an order enforcing the delegation clause and compelling arbitration. Significantly,
Employer Did Not Waive Right to Arbitration Despite One-Year Delay, California Court Rules
An employer that petitioned to compel arbitration one year after the employee filed his employment-related complaint did not waive its right to arbitrate the complaint, the California Court of Appeal has ruled, confirming the burden of proving a party waived its right to arbitration is a heavy one. Gloster v. Sonic Automotive, Inc., No.
Arbitrator, Not Court, Decides Arbitration Agreement’s Enforceability, California Court Rules
A trial court lacked authority to rule on the enforceability of an arbitration agreement when the parties had contracted to delegate questions about the agreement’s enforceability to the arbitrator, the California Court of Appeal has ruled, reversing the denial of arbitration in a wrongful discharge action. Tiri v. Lucky Chances, Inc., No. A136675 (Cal.
Fitness-for-Duty Exam Permitted under Federal FMLA after Employee Restored to Job, California Court Rules
An employer did not violate the federal Family and Medical Leave Act by requiring an employee to undergo a fitness-for-duty evaluation after it had restored her to her position following a medical leave of absence for psychological issues, the California Court of Appeal has ruled. White v. County of Los Angeles, No. B243471 (Cal.
Supervisor’s Conduct Supported Same-Sex Harassment Claim, California Court Rules
Finding an intern had produced sufficient evidence for a reasonable jury to conclude his supervisor engaged in a pervasive pattern of harassing conduct “because of sex,” including numerous gifts, frequent lunch purchases, along with sexual jokes and displays of pornographic computer images, the California Court of Appeal has allowed his harassment suit to proceed, reversing
Delay in Requesting Arbitration Until After Key Legal Decision Did Not Result in Waiver of Right
A California Court of Appeal has issued a favorable opinion for employers regarding arbitration agreements. Specifically, the Court held that an employer did not waive its right to enforce an arbitration agreement by waiting to request arbitration until after the U.S. Supreme Court has issued a decision addressing the enforceability of class action waivers in arbitration agreements
California Court of Appeal Strikes Overtime Class Action Based On Due Process Concerns
Reversing a $15 million judgment against an employer in a class action for alleged unpaid overtime, the California Court of Appeal, First Appellate District, has held that the trial court’s trial management plan, which used sampling evidence to prove class liability, denied the employer due process by preventing it from defending against over 90% of