California employment case index

The California Supreme Court granted review on March 25, 2026 in Barbosa v. Sierra Pacific Orthopaedic Center Medical Group to decide whether an arbitration agreement that designates the Federal Arbitration Act thereby imports the FAA's substantive provisions and their preemptive force, even where no interstate commerce is shown. The underlying Court of Appeal opinion is nonpublished, and the Court denied the requests to publish it on granting review. The paired grant-and-hold, Tuufuli v. West Coast Dental Administrative Services, is published but itself under review, and answered the question yes. This pending-review analysis sets out the Court's own issue statement, the competing answers below with their correct citability under rule 8.1115(e)(1), and what the answer decides for Armendariz, Labor Code section 432.6, the arbitration-fee statutes and the EFAA.

Wal-Mart ran a background check on a job applicant but allegedly botched the ICRAA disclosure form, then won summary judgment because she showed no real-world harm. The Fourth District reverses: California standing requires only an invasion of a legally protected interest, and ICRAA’s “$10,000 or actual damages, whichever is greater” remedy is independent of actual damages — so a bare disclosure violation confers standing.

A work practice apprentice at one of North America’s largest Soto Zen Buddhist temples conceded she was a minister, sued only for the minimum and overtime wages she had already earned, and lost on summary judgment to the First Amendment ministerial exception. Division Five of the First District reversed on two independent grounds. The exception, it held, bars only those employment claims that necessarily require an inquiry into matters of a religious entity’s internal government closely linked to its faith and doctrine — and the Center never explained how a minimum-wage claim required one, conceding in its brief that adjudicating the case raised no ecclesiastical question. Separately, because the Labor Commissioner had found two individuals liable as the employer under Labor Code section 558.1, each of them had to post an undertaking under section 98.2 to perfect a de novo appeal; neither did, so the trial court had no jurisdiction over their appeals. The California Supreme Court granted review on February 11, 2026, limited to the ministerial-exception question, but denied depublication and directed that the opinion may still be cited both for its persuasive value and to establish a conflict in authority. This analysis sets out the Court’s own issue statement, what the Court of Appeal actually held and on what evidence, and exactly how much weight the opinion carries while review is pending.

The California Supreme Court holds that CCP §1281.98's arbitration-fee-payment forfeiture rule is not preempted by the FAA — but, rejecting the rigid automatic-forfeiture reading, only where a late payment is willful, grossly negligent, or fraudulent rather than a good-faith mistake or excusable neglect.

California's fee-default statutes have become the most-used route out of employer-drafted arbitration, and in August 2025 the Supreme Court rewrote how they work. Code of Civil Procedure sections 1281.97 and 1281.98 still declare that a drafting party who pays the arbitrator more than 30 days late is in material breach, in default, and has waived its right to compel arbitration. But in Hohenshelt v. Superior Court the court held, 5-2, that this scheme survives FAA preemption only on a construction that leaves intact the background relief-from-forfeiture provisions — Code of Civil Procedure section 473, subdivision (b) and Civil Code sections 3275 and 1511 — so that the loss of the arbitral forum follows only from nonpayment that was willful, grossly negligent, or fraudulent. Mandatory monetary sanctions under section 1281.99, subdivision (a) still follow automatically. This synthesis sets out the operative statutory text and credit lines, traces the eleven Court of Appeal decisions the Supreme Court disapproved, states the post-Hohenshelt rule as a four-step sequence, shows how the first published application (Wilson v. Tap Worldwide) deployed it as an as-applied preemption argument, and identifies what remains open — including whether the same construction governs section 1281.97.

Analysis · Key Case Cvejic v. Skyview Capital, LLC (2023) 92 Cal.App.5th 1073 Court of Appeal, Second Appellate District, Division Eight · Docket No. B318880 · Decided June 28, 2023 Verify before relying. A summary and analysis as of its publication date — not legal advice, and not a representation that the decision remains good […]