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California employers get a break on meal and rest claims but still face class action filings

USA - April 18 2012 In a highly anticipated decision, on April 12 the California Supreme Court in Brinker Restaurant Corp. v. Superior Court held that employers are not obligated to ensure that nonexempt employees take their meal breaks.

Co-authors: Darcy L. Muilenburg, Thomas N. Makris, Paula M. Weber, Kathryn A. Nyce.


CA Court of Appeal finds three-arbitrator panel contract provision unenforceable

USA - September 10 2009 In Parada v. Superior Court, 2009 DJDAR 12745 (August 27, 2009), the Fourth District Court of Appeal held an arbitration clause in contracts between an investment company and its customers requiring a three-arbitrator panel was unconscionable and therefore unenforceable where the company failed to justify it.

Co-authors: Amy L. Pierce, Wesley C. J. Ehlers, Meredith E. Nikkel.