Category Archives: Labor Code § 925

Employees Attack Arbitration Agreement By Claiming “Not To Recall” Signing It – And Lose!

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 … Continue Reading

Arbitrator Should Decide Whether NY or CA Law Applies

By Tony Oncidi, Kate Gold, Colleen Hart, Katrine Magas and Ryan McGill on November 23, 2022 Posted in Arbitration Agreements, California Labor & Employment Law, California Labor Code, Labor Code § 925

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 … Continue Reading

May 2022 California Employment Law Notes

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: Former UCLA Physician Can Proceed With Whistleblower Claims Former Employee Adequately Alleged Disability Under The ADA California Resident May Rely Upon Labor Code § 925 … Continue Reading

California Resident May Rely Upon Labor Code § 925 To Challenge Non-Compete

By Tony Oncidi on May 25, 2022 Posted in Breach of Contract, California Labor Code, Labor Code § 925, Wage and Hour

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 … Continue Reading

November 2020 California Employment Law Notes

By Tony Oncidi on December 2, 2020 Posted in Breach of Contract, Class Actions, Defamation, Jury verdicts, Labor Code § 925, NLRA, PAGA, Tortious interference with contract, Trade Secrets, Wage and Hour

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: Court Affirms $4.26 Million Jury Award For “Self-Published Defamation” Court Affirms Dismissal Of Trade Secrets Claim Brought Against Apple Employer Gets No Relief From $1.6 … Continue Reading

Non-California Forum Selection Clause Is Barred By Labor Code Section 925

By Tony Oncidi on December 2, 2020 Posted in Labor Code § 925

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 … Continue Reading

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