In Franco v. Greystone Ridge Condominium, the Court addressed whether a dispute was subject to an arbitration agreement. In March 2018, defendant Greystone’s employees, including plaintiff, were presented with, and asked to sign, an agreement requiring that each employee agree to submit to final and
ERISA Claims Can Be Arbitrated
In Dorman v. The Charles Schwab Corporation, the Court ruled that ERISA claims could be subject to arbitration. A class action suit was brought by a former participant in an ERISA retirement plan, alleging that defendants violated ERISA and breached their fiduciary duties by including certain
Obesity Is Not A Protected Category Under The ADA
In Valtierra v. Medtronic Inc, the Court ruled that obesity was not protected under the Americans with Disabilities Act (“ADA”). The plaintiff claimed that he was terminated from his employment due to his morbid obesity. He claimed that it was disability discrimination in violation of the ADA. The
Employees Cannot Generally Assert A Conversion Claim For Non-Payment Of Wages
In Voris v. Lampert, the California Supreme Court held that an employee cannot generally assert a conversion claim based on the nonpayment of wages. The Court stated that the conversion claim was a claim that was often brought by plaintiffs in employment cases, but the law was not clear on whether
Court May Not Split A PAGA Claim Between Court And Arbitration
In Mejia v. Merchants Building Maintenance, the Court addressed whether a court may split a single PAGA claim so as to require a representative employee to arbitrate that aspect of the claim in which the plaintiff seeks to recover the portion of the penalty that represents the amount
College Football Players Are Not Employees
In Dawson v. National Collegiate Athletic Association, the Ninth Circuit held that Division I college football players are not employees of the National Collegiate Athletic Association and the PAC-12 Conference within the meaning of the Fair Labor Standards Act. The plaintiff was a player at USC and
Employer Must Provide Employees With 30 Minute Meal Periods
In L’Chaim House, Inc. v. Division of Labor Standards Enforcement, the Court held that Industrial Welfare Commission Wage Order No. 5 requires that an employer provide employees with meal periods of at least 30 minutes, regardless of whether they are on-duty or off-duty. The corporate defendant