The Empire Struck Back last week when the California Court of Appeal held that the state’s latest back-door attempt to outlaw employment arbitration by any means necessary is preempted by the Federal Arbitration Act (FAA).  Hernandez v. Sohnen Enterprises, Inc., 2024 WL 2313710 (Cal. Ct. App. 2024).  As indicated in our earlier post on this topic, it was just a matter of time before

Hohenshelt v. Superior Court, 318 Cal. Rptr. 3d 475 (Cal. Ct. App. 2024)

For the seventh time since they became effective in 2020, the California Court of Appeal has published an opinion holding that Cal. Code Civ. Proc. §§ 1281.97 and 1281.98 truly mean what they say: “[I]f the [arbitration] fees or costs… are not paid [by the employer] within 30 days after the

We invite you to review our newly-posted January 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

Argueta v. Worldwide Flight Servs., Inc., 97 Cal. App. 5th 822 (2023)

Eunices Argueta worked as an agent in the import department of the employer, a freight operations company, reporting to Dzung Nguyen whom she claimed had sexually harassed her. A jury returned a defense verdict, and Argueta filed a motion for new trial and for judgment notwithstanding the verdict, both of which

Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023)

Stephanie Beltran, a server at the Hard Rock Hotel in Palm Springs, alleged she had been sexually harassed by Juan Rivera, the former General Manager of the hotel. Beltran reported to Human Resources that Rivera had “grabbed or slapped her ass.” Beltran also testified in her deposition about “multiple incidents

We invite you to review our newly-posted July 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

Duran v. EmployBridge Holding Co., 92 Cal. App. 5th 59 (2023)

In 2014, the California Supreme Court determined that Private Attorneys General Act (“PAGA”) claims are immune from arbitration in Iskanian v. CLS Transp. Los Angeles, LLC – which, unsurprisingly, led to an avalanche of PAGA claims being filed as plaintiffs’ lawyers scrambled to make their cases arbitration-proof (at least as to those pesky

Quinn v. LPL Fin. LLC, 91 Cal. App. 5th 370 (2023)

Alleging misclassification, John Quinn brought a PAGA action on behalf of a class consisting of securities broker-dealers and investment advisers against his employer LPL Financial.  Quinn brought the PAGA action prior to the enactment of AB 2257, which exempted the occupations identified in Quinn’s PAGA action from the “ABC test” as set

Young v. RemX Specialty Staffing, 91 Cal. App. 5th 427 (2023)

Vanessa Young worked as an employee of staffing company RemX Specialty Staffing and was temporarily assigned to work at Bank of the West.  Young allegedly “verbally abused” a RemX representative on a call about delivery of her paycheck.  Young claimed that the RemX representative “basically” fired her from RemX; however, the representative

North Am. Title Co. v. Superior Court, 91 Cal. App. 5th 948 (2023)

During oral argument on a motion, the trial judge accused the employer-defendants of participating in a “name change shell game,” a “corporate game of three-card monte” and “trickery” and “scheming” to evade payment of a $43.5 million judgment to plaintiffs in this wage-and-hour class action.  One employer (Lennar Title) filed