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 237 Employer Neiman Marcus Group (NMG) compelled arbitration of Plaintiff’s wage claims, in part,[i] after Plaintiff moved for certification in a … Read more
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 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
Contractors for Public Works Projects Who Employ Apprentices Need Only Hire Apprentices in the Same Occupation as the Contractor’s Journeymen. Henson v. C Overaa & Co., 2015 WL 3941499 (June 29, 2015) Plaintiffs, pipefitter apprentices, alleged they lost prevailing wages and on-the-job training hours when the employer refused to hire apprentices from an approved pipefitting … Read more
