The California Court of Appeal dealt another blow to arbitration, just months after we reported the last such decision here.
This time, the Court ruled that the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) overrides state law—even in cases in which the employee has signed an arbitration agreement that explicitly invokes state law favoring arbitration.
Kristin Casey, a former
We invite you to review our newly-posted January 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Patel v. Chavez, 85 Cal. App. 5th 712 (2022)
Manuel Chavez was employed as an on-site hotel property manager by DTWO & E, Inc. and Stuart Union, LLC from 2002 to 2016. Chavez alleged he was paid less than the minimum wage and that the employers committed wage theft. In 2017, the Labor Commissioner issued two order, decision or awards (ODA’s) finding in favor
We invite you to review our newly-posted July 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Ratha v. Phatthana Seafood Co., 35 F.4th 1159 (9th Cir. 2022)
Plaintiffs in this case (Cambodian villagers) alleged they had been trafficked into Thailand and subjected to forced labor at seafood processing factories in violation of the Trafficking Victims Protection Reauthorization Act (18 U.S.C. § 1595) (“TVPRA”). The district court granted defendants’ summary judgment motion, which the Ninth Circuit affirmed in this case. The
We invite you to review our newly-posted September 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Swenberg v. Dmarcian, Inc., 2021 WL 3856599 (Cal. Ct. App. 2021)
Charles Swenberg sued Martijn Groeneweg (among others), alleging various claims related to his ownership interest in and employment with dmarcian, Inc. Groeneweg (a Dutch citizen) filed a motion to quash service for lack of personal jurisdiction over him in the State of California. The trial court granted Groeneweg’s motion, but the Court of Appeal
The Department of Fair Employment and Housing (the “DFEH”) can receive complaints from victims of human trafficking, and the agency is authorized to investigate, prosecute, mediate, conciliate and bring civil actions on behalf of such victims. (AB 1684.)
ViaView, Inc. v. Retzlaff, 2016 WL 3626708 (Cal. Ct. App. 2016)
ViaView filed a petition for a workplace violence restraining order against Thomas Retzlaff, a resident of Texas, who had filed a motion to quash the petition for lack of personal jurisdiction. The trial court denied the motion to quash and granted a permanent injunction against Retzlaff. The Court of Appeal issued a peremptory