California Employment Law Update
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Jacklina Len

Jacklina Len is an associate in the Labor & Employment Law Department.

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Court Holds Arbitration Agreement Requiring Employee to Pay Half of Arbitration Costs is Unconscionable

In Chavarria v. Ralphs Grocery Co., No. 11-56673, 2013 WL 5779332 (9th Cir. Oct. 28, 2013), the plaintiff, a former deli clerk, brought a class action against Ralphs for various alleged wage and hour violations of the California Labor Code.  As a condition of employment, Chavarria signed an arbitration agreement containing a class action waiver.  … Continue Reading

CA Supreme Court Holds That Employees Are Bound By Arbitration Agreements Waiving Right To A Labor Comm’r Hearing

Frank Moreno agreed, as a condition of his employment with Sonic-Calabasas A, Inc., to arbitrate all of this employment disputes with his employer.  After terminating his employment with Sonic, Moreno filed an administrative wage claim with the Labor Commissioner for unpaid vacation pay.  Filing such a claim is the first step toward obtaining a “Berman” … Continue Reading

Employer Held Not Vicariously Liable For Employee’s Alleged Negligent Use Of Company Car

Halliburton Energy Services, Inc. provided Troy Martinez with a company vehicle to use in the execution of his duties.  After completing a day’s work, Martinez drove to Bakersfield with his family to purchase a car for his wife.  The trip to Bakersfield on this occasion exceeded his normal commute by approximately 140 miles (notably, Martinez … Continue Reading
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