In People ex rel. Harris v. Sunset Car Wash, LLC, the Court held that that a successor company was liable for unpaid wages and penalties for violations by the predecessor car wash company. Auto Spa operated a car wash on Sunset Boulevard in Los Angeles. Sunset Alvarado Investors, which held a note
Court Unanimously Holds Arbitration Agreement Unconscionable And That California Law On Arbitration Still Applies Despite The Supreme Court Ruling In Conception
Plaintiffs were two carpet installers that worked for defendant. When they were initially hired, and again later during their employment, plaintiffs were given form contracts and told to sign them if they wanted to work for Empire. Both contracts were presented only in English, despite the fact
Court Holds That An Arbitration Agreement That Allows The Employer To Unilaterally Modify Or Revoke Arbitration Clauses Is Unenforceable
This week, in Peleg v. Niemen-Marcus Group, Inc., the California Court Of Appeals held that an arbitration agreement that allowed an employer to unilaterally modify or revoke the arbitration agreement with 30 days’ notice was unenforceable. The Court held also held that it was proper for the trial
California Supreme Court Hands Down Key Decision On Class Actions and Meal And Rest Breaks
Earlier today, the California Supreme Court finally issued its long-awaited decision in the case of Brinker v. Superior Court, a case involving class action issues, as well as meal and rest break requirements and procedures. While many have claimed this is a major victory for employers, that is not
Defendant In FEHA Case Cannot Recover Expert Costs Upon Prevailing Absent A Showing The Action Was Frivolous
In Baker v. Mulholland Security and Patrol, Inc., plaintiff sued his employer for retaliation, failure to pay overtime compensation, and failure to maintain records, claiming he was terminated after he complained about discriminatory remarks made on the job. The trial court disposed of his
Is Being Unemployed Going To Be A Protected Class Under California Law?
As this economy continues to flounder and unemployment rates remain high, states are trying to take proactive approaches to help unemployed workers find jobs. AB 1450 is a California bill that was introduced in January 2012 to protect unemployed workers and prohibit an employer from discriminating
California Reacts To Privacy Concerns Over Social Media Usernames And Passwords
Recently, news spread that companies were asking job applicants and/or employees for their Facebook and other social media passwords. Many raised the question whether this was legal. Of course, there was also the debate about whether this was the right thing to do or simply bad business. In
Appellate Court Upholds Trial Court’s Ruling Holding That An Arbitration Provision Is Unconscionable
In Ajamian v. CantorCO2e, the Court of Appeal held that an arbitration provision in an employment contract was both procedurally and substantively unconscionable and the trial court did not abuse its discretion in finding it unconscionable. It also held the trial court properly found that the