California Employment Law Update

Tag Archives: unconscionable

D.R. Horton and the Arbitration Hotchpotch: Emerging “Rules” and the Future of Compelled Arbitration in California

Horton Hears an Employer Victory Last December, the Fifth Circuit issued its long-awaited decision in D.R. Horton, Inc. v. NLRB, holding that employers may require employees to sign arbitration agreements categorically waiving the right to pursue employment claims in a collective or class action. In doing so, the Fifth Circuit’s rejected the NLRB’s opinion that … Continue Reading

Arbitration Clauses Are Enforceable Despite Waiver Of Classwide Arbitration Rights

Flores v. West Covina Auto Group, 2013 WL 139200 (Cal. App. Jan. 11, 2013) Israel Flores and Andrea Naasz sued West Covina Toyota (WCT) and Toyota Motor Sales for selling them a “lemon,” alleging both individual and class action claims, including claims for violations of the Consumer Legal Remedies Act (CLRA).  WCT filed a motion … Continue Reading

California Court Upholds Arbitration Agreement

Baltazar v. Forever 21, Inc., 2012 Cal. App. LEXIS 1292 (Dec. 20, 2012) Maribel Baltazar sued her former employer, Forever 21, Inc., alleging she was constructively discharged and subjected to discrimination and harassment based on her race and sex.  In response, Forever 21 filed a motion to compel arbitration pursuant to an arbitration agreement between … Continue Reading
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