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 decision determining that Vector Resources, Inc. (Vector) had failed to pay the appropriate prevailing wages to its … Read more
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 Time Shuttle, Inc., 237 Cal.App.4th 651 (originally filed May 15, 2015; certified for publication on … Read more
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) Under American Pipe & Constr. Co. v. Utah (1974) … Read more
Objectors’ Motion to Intervene in a Class Action Settlement Was Untimely, But the District Court Failed to Allow Sufficient Opportunity for Objections in the Approval Process. Allen and Labor Ready Southwest, Inc. v. Bedolla, et al. (9th Cir. June 2, 2015) Plaintiff filed a class action in state court alleged violations of California wage and … Read more
