Second Division Deems Arbitration Agreements Unconscionable and Executed by Fraud
Securing employee's consent to arbitration agreement by means of unconscionability and fraud is not acceptable. In a decision recently certified for publication on October 22, 2021, the California Court of Appeals, Second Division, reviewed two versions of arbitration agreements executed between a group of employers and their employees. The…
California Appellate Court Upholds Employee’s Calculation of Unpaid Wages
In a decision submitted for official publication on October 14, 2021, the Court of Appeal of the State of California Second Appellate District Division Four upheld a trial court’s decision to enter judgment in favor of a warehouse employee for wage violations claims filed in a lawsuit against his former employer. The trial court awarded the…
California Supreme Court Decides Non-Discretionary Payments Are To Be Included When Calculating Overtime Pay
In a published opinion, Ferra v. Loews Hollywood Hotel LLC, 11 Cal. 5th (2021), the California Supreme Court examined the issue of whether the state legislature intended the term "regular rate of compensation" as it is used under California Labor Code Section 226.7(c) has the same meaning as the term "regular rate of pay" pursuant to California…
California Protects Warehouse Employees Against Unfair Labor Practices
California issues new legislation for warehouse distribution centers. The on-going feud between state governments and big tech companies intensified on September 22, 2021 when California Governor Gavin Newsom signed California Assembly Bill 701 (A.B. 701), making California the first state to impose regulations on companies that require warehouse…
Update on COVID-19 Related Legal Issues
COVID-19 related lawsuits are increasing as the pandemic continues. The scope of COVID-19 related lawsuits continues to expand as workers across the country are filing lawsuits seeking protection and damages from unfair labor practices. Moreover, there is a sense that more cases will be filed as more employees are impacted by the pandemic and…