California Employment Law Update

Tag Archives: arbitration agreement

November 2022 California Employment Law Notes

By Tony Oncidi on Posted in Arbitration Agreements, Class Actions, Disability, Discrimination, Employment Applications, Employment Law Notes, Equal Pay Act, FCRA, FEHA, Gender discrimination, Harassment, Independent Contractors, Negligence, Reasonable Accommodation, Retaliation, Settlement, Sexual Harassment, Whistleblowers, Workers Compensation, Workplace Safety, Workplace Violence, Wrongful Termination
We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Equal Pay Act Claim Should Not Have Been Dismissed Whistleblower Claim Should Not Have Been Dismissed In Part School District Employee May Have Been Discriminated … Continue Reading

Employer Waived Right To Arbitration By Failing To Timely Pay Arbitration Fees

By Tony Oncidi on Posted in Arbitration Agreements, Discrimination, Retaliation
Espinoza v. Superior Court, 83 Cal. App. 5th 761 (2022) Rosa M. Quincoza Espinoza sued her former employer, Centinela Skilled Nursing & Wellness Centre West, LLC, for discrimination and retaliation.  The employer filed a motion to stay the litigation and compel arbitration, invoking the terms of an arbitration agreement that Espinoza had signed.  After the … Continue Reading

Another Gargantuan California Verdict… This Time for $18.6 Million

By Tony Oncidi and Elaine H. Simson on Posted in Arbitration Agreements, California Labor & Employment Law, Defamation, Jury verdicts, Liability for Employee's Actions Outside the Workplace, Verdict, Wrongful Termination
A San Diego jury awarded that amount to a former employee who claimed he was wrongfully terminated based on his arrest record and then defamed. Michael Tilkey worked for Allstate Insurance for 30 years and was fired from his job as a field sales leader after he admitted to Allstate that he was arrested for domestic violence … Continue Reading

Multiple PAGA Representative Claims Crumble As Federal Courts Continue To Reject Iskanian and Enforce Arbitration Agreements Containing PAGA Waivers

By Laura Reathaford on Posted in Arbitration Agreements, Class Actions, PAGA, Wage and Hour
When the California Supreme Court decided Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal. 4th 348 (2014), this June, some legal commentators assumed that employees could not waive pre-litigation claims under the Private Attorneys General Act (PAGA). Those assumptions may have been premature. As we noted here, at least one federal court refused to … Continue Reading

Second Circuit Reaffirms Enforceability of Arbitration Agreements Containing Collective Action Waivers In Two FLSA Cases

By Charles J. Stiegler and Laura Reathaford on Posted in Arbitration Agreements, Class Actions, Employment Contracts, FAA, FLSA, Wage and Hour
Two recent decisions from the U.S. Court of Appeals for the Second Circuit have reaffirmed the enforceability of employment-related arbitration agreements containing class action waivers. In Sutherland v. Ernst & Young and Raniere v. Citigroup, Inc. the Second Circuit held that the Federal Arbitration Act (FAA) requires courts to enforce a valid agreement to arbitrate … Continue Reading

State Limitations On Arbitration Agreements Are Preempted By Federal Law

By Tony Oncidi on Posted in Arbitration Agreements, Class Actions, Employment Law Notes, FAA, Supreme Court
AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011) In this landmark new opinion, the United States Supreme Court held that the Federal Arbitration Act (“FAA”) prohibits states from conditioning the enforceability of an arbitration agreement on the availability of class action arbitration procedures. Although this case arose in the consumer context (it involved AT&T’s … Continue Reading
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