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California employment case index

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Statute

3 cases

Arbitration Fee Default After Hohenshelt

August 11, 2025
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.

Brown v. City of Inglewood: Elected Officials Are Not “Employees” Under Labor Code § 1102.5

July 7, 2025
Inglewood’s elected city treasurer accused the mayor of misappropriating public funds, then saw her monthly salary cut from $8,000 to $1,404 and her duties stripped away. Her whistleblower retaliation suit under Labor Code section 1102.5 failed at the threshold: a unanimous Supreme Court held that elected officials are not “employees” within section 1106’s definition. Finding the statutory text inconclusive, the court rested on legislative history and context — section 1106 protects rank-and-file public workers, not officials who answer to the electorate — while noting that other remedies, including the First Amendment, may remain available.

Huerta v. CSI Electrical Contractors: “Hours Worked” at the Security Gate, the Commute, and On-Premises Meal Periods

March 25, 2024
A solar-project electrician queued unpaid at a security gate while guards inspected vehicles, drove miles of access road under strict site rules, and ate lunch confined to a designated area under a CBA calling meal periods “unpaid.” Answering the Ninth Circuit, a unanimous Supreme Court held the exit procedure is compensable “hours worked”; the gate-to-lot drive is compensable only as “employer-mandated travel,” and only if the gate is the first location required for a reason beyond site access; and no collective bargaining agreement can waive the minimum wage for a meal period during which the employer’s confinement forecloses otherwise feasible personal activities.