In recent years, employees (and their lawyers) have taken a variety of approaches to challenging the enforceability of workplace arbitration agreements. One common tactic has been to claim that they “don’t remember signing it” and, therefore, should not be required to arbitrate their claims. And at least one Court in the Second Appellate District has accepted this excuse. See Gamboa v. Northeast Community Clinic
A California court has ruled that an arbitrator (not a judge) should decide on the applicability of California Labor Code Section 925 to a dispute between a law firm partner and his former law firm. Zhang v. Superior Court, 2022 WL 16832570 (Cal. Ct. App. 2022). This ruling potentially undermines the protections of Labor Code Section 925, which permits an employee to
We invite you to review our newly-posted May 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
LGCY Power, LLC v. Superior Court, 75 Cal. App. 5th 844 (2022)
California resident Michael Jed Sewell worked as a sales representative and sales manager for LGCY Power, which is headquartered in Salt Lake County, Utah. In 2015, Sewell signed a “Solar Representative Agreement,” which included noncompetition, nonsolicitation and confidentiality provisions as well as Utah choice of law and forum provisions. In 2019, Sewell
We invite you to review our newly-posted November 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Midwest Motor Supply Co. v. Superior Court, 2020 WL 6305492 (Cal. Ct. App. 2020)
Patrick Finch worked as a sale supervisor for Midwest Motor Supply and was employed in 2014 pursuant to an employment agreement that contained a choice-of-law and forum selection clause invoking Ohio law and venue in Franklin County, Ohio. Finch was promoted in 2016 and received a new compensation plan; he also