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
By 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
By 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
Co-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
Authored 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
Authored 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
Co-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