Carbajal v. CWPSC, Inc.

Arbitration Agreement Held Both Procedurally and Substantively Unconscionable, Multiple Unconscionable Terms Permeate the Agreement. Carbajal v. CWPSC, Inc. (Feb. 26, 2016) 245 Cal.App.4th 227 Defendant appealed an order denying its motion to compel arbitration. The Fourth District Court of Appeal found the ruling was correct, as the agreement was sufficiently unconscionable, both procedurally (as a contract of… Continue Reading Carbajal v. CWPSC, Inc.

Oregon Rest. & Lodging Ass’n v. Perez

DOL May Promulgate New Regulations, FLSA Section 203(m) Regarding Tip Pooling Extended to Employers Who Do Not Take a Tip Credit. Oregon Rest. & Lodging Ass’n v. Perez, 816 F.3d 1080 (9th Cir. Feb. 23, 2016) Under Section 203(m) of the Fair Labor Standards Act of 1938 (FLSA), an employer may take a tip credit against… Continue Reading Oregon Rest. & Lodging Ass’n v. Perez

U.S. Dept. of Labor Provides New Guidelines on Joint Employment

U.S. DOL, Wage and Hour Division, Administrator’s Interpretation (Jan. 20, 2016) The U.S. Department of Labor’s Wage and Hour Division articulated new guidelines for the Fair Labor Standards Act of 1938 (“FLSA”) regarding joint employment with Administrator’s Interpretation No. 2016-1. The Department draws a distinction between horizontal joint employment, where an employee has an established… Continue Reading U.S. Dept. of Labor Provides New Guidelines on Joint Employment

Alvarado v. Dart Container Corp. of Calif.

Because There Is No California Law Specifying a Method for Computing Overtime on Flat Sum Bonuses, Company’s Overtime Formula Suffices if it Complies with Federal Law. Alvarado v. Dart Container Corp. of Calif. (Jan. 14, 2016) 243 Cal.App.4th 1200 Plaintiff appealed summary judgment in Defendant’s favor on a single issue: whether the employer’s method for calculating… Continue Reading Alvarado v. Dart Container Corp. of Calif.

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