Recently indexed
Analysis of new laws and key decisions in California wrongful-termination and employment law.
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Toothman v. Redwood Toxicology Laboratory, Inc.
A staffing agency hired a worker under an arbitration agreement and placed him at a client; when the placement ended, the client hired him…
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In re Orr (Orr v. United States District Court)
A former UPS seasonal driver sued for wage violations; the district court compelled arbitration of her individual claims but refused to decide whether the…
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Doss v. Tesla, Inc.
A Tesla yard hostler who moved 53-foot trailers of out-of-state auto parts around the Fremont factory — never crossing a state line — sued…
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Avery v. TEKsystems, Inc.
Twenty-two months into a wage-and-hour class action, TEKsystems rolled out a new mandatory arbitration agreement to the recruiter class members and moved to compel…
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O’Dell v. Aya Healthcare Services, Inc.
After two of four bellwether arbitrators found a travel-nursing agency’s arbitration agreements invalid, a district court used non-mutual offensive collateral estoppel to void 255…
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Santana v. Studebaker Health Care Center, LLC
Studebaker made a new employee sign three onboarding arbitration documents; the trial court found their “conflicts” showed no valid agreement and denied arbitration. The…
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Fuentes v. Empire Nissan, Inc.: Illegibility, Unconscionability, and No Presumption for Arbitration
The California Supreme Court holds that illegible, one-sided arbitration print is procedural (not substantive) unconscionability — and that no presumption favors arbitration.
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Chamber of Commerce of the United States v. Bonta
The Ninth Circuit held the Federal Arbitration Act preempts AB 51 (Labor Code § 432.6), California’s attempt to ban mandatory employment arbitration, because a…
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Morgan v. Sundance, Inc.
Morgan v. Sundance, Inc. A court may not condition waiver of the right to arbitrate on a showing that the opposing party was prejudiced;…
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Viking River Cruises, Inc. v. Moriana
The FAA preempts Iskanian to the extent it bars division of a PAGA action and prevents arbitration of an employee’s individual PAGA claim; an…