California Court of Appeals

Co-authored by David D. Kadue and Rocio Herrera

Seyfarth Synopsis: A California appellate court has held that unless a collective bargaining agreement includes an explicitly stated, clear, and unmistakable intent to waive the right to a judicial forum for statutory claims, arbitration of those claims will not be compelled. The CBA in the case, Vasserman v. Henry Mayo Newhall Memorial
Continue Reading CBAs Must Specifically State Intent to Arbitrate Statutory Rights

California Flag.bmpBy Julie Yap and Brandon McKelvey

As this blog recently covered, in September the California Supreme Court granted review in Iskanian v. CLS Transportation Los Angeles, LLC to decide whether class action waivers in employment arbitration agreements are enforceable under California law.  This week, another Court of Appeal added its opinion on this issue, holding that despite the United

Continue Reading California Court Attempts To Navigate Around AT&T Mobility v. Concepcion, Holding A Class Action Waiver In An Employment Arbitration Agreement Is Unenforceable, On The Same Day The U.S. Supreme Court Rejects A Similar Attempt By The Oklahoma Supreme Court

California Flag.bmpBy Brandon R. McKelvey, Chantelle C. Egan, and Michael A. Wahlander

Last week, the California Supreme Court agreed to decide whether class action waivers in employment arbitration agreements are enforceable under California law.  In Iskanian v. CLS Transportation Los Angeles, LLC, the Court of Appeal held that a class action waiver in an employment arbitration agreement was enforceable

Continue Reading California Supreme Court to Decide Whether Class Action Waivers in Arbitration Agreements Are Enforceable Under California Law

California Court of Appeals Seal2.pngCo-authored by George Preonas and Hayley Macon

On July 23, 2012, in Harris v. Superior Court (Liberty Mutual Ins. Co.), a case that the California Supreme Court previously had reversed and remanded, the California Court of Appeal stuck by its prior conclusion and held that insurance claims adjusters do not qualify for the administrative exemption from overtime pay requirements.

Continue Reading California Court of Appeal Significantly Narrows Administrative Exemption


Co-Authored by: Jeffrey A. Berman and Anthony J. Musante

On July 2, 2012, the California Court of Appeal affirmed a trial court ruling denying class certification to a group of newspaper carriers claiming they were misclassified as independent contractors.  In Sotelo v. Medianews Group, Inc., the Court of Appeal concluded that plaintiffs’  proposed class of newspaper carriers could not

Continue Reading Court of Appeal Delivers On Newspaper Carrier Misclassification Case

3-21 Blog.bmpAuthored by Laura Reathaford and Catherine Dacre

Plaintiffs often argue in seeking class certification that an employer’s policy applicable to all or a certain group of employees provides sufficient evidence of commonality to justify the certification of the alleged class.  In Delodder v. Aerotek, Inc., the Ninth Circuit affirmed the district court’s decision denying certification of a class of

Continue Reading Actual Work Activities Performed, Not Employer Policies Alone,Trump in Denial of Class Certification

California%20Court%20of%20Appeals%20Seal2.pngAuthored by Catherine Dacre

Commissioned sales is one of the few areas in which California law is arguably more favorable to employers than the FLSA or laws of other states.  Specifically, California law recognizes an exemption from overtime for sales employees in many industries, provided they are primarily engaged in sales, earn at least one and one half times the

Continue Reading The Inside Scoop On Inside Sales

California%20Court%20of%20Appeals%20Seal2.pngCo-authored by Tim Nelson and Brandon McKelvey

The California Court of Appeal has issued a published decision holding that denial of class certification in one lawsuit may not prevent similar class action claims in a later lawsuit.  On January 18, 2012, in Bridgeford v. Pacific Health Corporation, the court expressly disagreed with a prior Court of Appeal decision from

Continue Reading Recent California Court of Appeal Decision Makes It Harder To Fight Copycat Class Actions