Recently indexed
Analysis of new laws and key decisions in California wrongful-termination and employment law.
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Ramirez v. Charter Communications: Unconscionability and the Mandatory Qualitative Severance Analysis
Charter’s mandatory arbitration agreement directed employees’ claims into arbitration while carving out the claims Charter itself would bring, compressed FEHA filing to the one-year…
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Vela v. Harbor Rail Services of California, Inc.
A railcar repairman who inspected and repaired freight cars taken out of service in a rail yard brought a wage-and-hour class action and argued…
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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…