Kenneth Sulzer
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The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state. These statutes are in addition to the other six new laws that we reported on in September: Signed legislation: Sick Leave: Accrual And Limitations Language … Continue Reading
It is no secret that California is no friend to arbitration agreements. As the United States Supreme Court noted in its 2011 opinion in AT&T Mobility LLC v. Concepcion, “California’s courts have been more likely to hold contracts to arbitrate unconscionable than other contracts,” despite directives from the High Court that arbitration agreements must be … Continue Reading
On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll v. Superior Court (Spencer). The following addresses the basis for that ruling and its implications. Background Radiologist Scott Driscoll worked for physician Todd Spencer and … Continue Reading
Horton Hears an Employer Victory Last December, the Fifth Circuit issued its long-awaited decision in D.R. Horton, Inc. v. NLRB, holding that employers may require employees to sign arbitration agreements categorically waiving the right to pursue employment claims in a collective or class action. In doing so, the Fifth Circuit’s rejected the NLRB’s opinion that … Continue Reading
California Enacts a Raft of New Employment Legislation
By Tony Oncidi, Bali Kumar and Kenneth Sulzer on Posted in Arbitration Agreements, California Labor & Employment Law, Class Actions, Discrimination, Meal Periods and Rest Breaks, PAGA, Retaliation, Vacation or PTO, Wage and Hour, Wage Statements
California Legislature Targets Employment Arbitration Agreements
By Tony Oncidi, Keith A. Goodwin and Kenneth Sulzer on Posted in Arbitration Agreements, California Labor & Employment Law, FAA, New and Proposed Laws and Legislation
Court of Appeal Holds that State Courts Have Concurrent Jurisdiction over FCA Retaliation Claims
By Keith A. Goodwin, Kenneth Sulzer and Laura Reathaford on Posted in FCA, Federal Jurisdiction, Retaliation, Whistleblowers
D.R. Horton and the Arbitration Hotchpotch: Emerging “Rules” and the Future of Compelled Arbitration in California
By Keith A. Goodwin and Kenneth Sulzer on Posted in Arbitration Agreements, Class Actions, NLRA
