Yesterday, a three-judge Ninth Circuit panel revisited its own 2021 order and finally struck down California’s anti-mandatory employment arbitration law, Assembly Bill 51 (“AB 51”). In an opinion drafted by the former dissenting judge, Judge Sandra Ikuta, the new majority declared AB 51 was preempted by the Federal Arbitration Act (“FAA”).
The statute in question, signed into law by Governor Newsom in 2019, was California
AB 202, for purposes of all provisions of state law that govern employment, including the California Labor Code, the California Unemployment Insurance Code and the California Fair Employment and Housing Act, requires a cheerleader who is utilized by a California-based professional sports team during its exhibitions, events or games to be deemed an employee.
John Castaneda filed a class action on behalf of himself and other certified nursing assistants against Ensign for unpaid minimum and overtime wages. He alleges that Ensign is the alter ego of the Cabrillo Rehabilitation and Care Center, a nursing facility that Ensign owns. The trial court granted Ensign’s motion for summary
Alexander v. FedEx Ground Package Sys., Inc., 2014 WL 4211107 (9th Cir. 2014)
In this class action the named plaintiffs represent approximately 2,300 individuals who were full-time delivery drivers for FedEx in California between 2000 and 2007. FedEx characterizes its drivers as independent contractors in its Operating Agreement. Similar cases to this one were filed in approximately 40 states, and the Judicial Panel
Ayala v. Antelope Valley Newspapers, Inc., 2014 WL 2924954 (Cal. S. Ct. 2014)
Plaintiffs Maria Ayala, Rosa Duran and Osman Nuñez sought to certify a class of newspaper home delivery carriers in a lawsuit brought against Antelope Valley Newspapers, Inc. (“AVN”), alleging that AVN had improperly classified the carriers as independent contractors rather than employees in violation of California labor laws. The trial court
Global Hawk Ins. Co. v. Le, 2014 WL 1478514 (Cal. Ct. App. 2014)
Jerry Le was one of two truck drivers on a cross-country trip for V&H Transport for which he was to be paid a lump sum of $1,100 with no deductions. Le was seriously injured when the other truck driver was involved in a one-vehicle accident. After the accident, V&H refused to