by Leonard H. Sansanowicz | Mar 1, 2018 | wage and hour
Lawson v. ZB, N.A., 18 Cal. App.5th 705 (2017)In a repudiation of the Fifth Appellate District Court of Appeal’s decision in Esparza v. KS Indus., L.P., 13 Cal. App. 5th 1228 (2017) (previously reviewed in this column), the Fourth District held that claims for unpaid...
by Leonard H. Sansanowicz | Jun 29, 2015 | Arbitration, Wages
A Mandatory Arbitration Agreement With a Choice of Law Clause and a Clause Delegating Interpreting Authority to the Arbitrator Is Procedurally and Substantively Unconscionable.Pinela v. Neiman Marcus Group, Inc. (June 29, 2015) 238 Cal.App.4th 237Employer Neiman...
by Leonard H. Sansanowicz | Jun 26, 2015 | Court of Appeal, wage and hour, Wages
The DIR’s Promulgation of Regulations is Not Subject to APA Notice and Hearing Requirements. Vector Resources, Inc. v. Baker (May 26, 2015) 237 Cal.App.4th 46 Defendant Christine Baker (Baker), Director of the Department of Industrial Relations (DIR), issued a...
by Leonard H. Sansanowicz | Jun 9, 2015 | Arbitration, Court of Appeal, FAA, Labor Code
The FAA Preempts the Labor Code Where an Arbitration Clause Provides for Arbitration of Controversies or Claims Arising Out of the Underlying Contract and the Party Seeking to Enforce Shows the Contract’s Subject Matter Involves Interstate Commerce. Khalatian v. Prime...
by Leonard H. Sansanowicz | Jun 3, 2015 | class action, Court of Appeal, Wages
The Filing of a Class Action Tolls Claims from the Date of Filing Until the Date the Lawsuit Can No Longer Proceed as a Class Action. Falk v. Children’s Hospital Los Angeles, 237 Cal.App.4th 1454 (originally filed June 3, 2015; certified for publication June 24, 2015)...