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Recent cases provide helpful reminders regarding best practices (and pitfalls) with employment arbitration clauses

  • Fenwick & West LLP
  • -
  • USA
  • -
  • March 25 2015

Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and federal courts. Several recent decisions provide

WA industrial insurance applied to independent contractors who provided own specialized equipment

  • Fenwick & West LLP
  • -
  • USA
  • -
  • March 25 2015

In B&R Sales v. Labor & Industries, a Washington appellate court affirmed the Board of Industrial Insurance Appeals' decision that the at-issue

Court preliminarily approves $415m settlement of high-tech no-poaching lawsuit

  • Fenwick & West LLP
  • -
  • USA
  • -
  • March 25 2015

A California federal district court has preliminarily approved settlement of a class action by high-tech workers who claimed several major technology

On premises, on-call time compensable; sleep time not excluded

  • Fenwick & West LLP
  • -
  • USA
  • -
  • February 18 2015

Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS

But no agreement to arbitrate where agreement contains PAGA waiver that was not severable

  • Fenwick & West LLP
  • -
  • USA
  • -
  • February 18 2015

When an arbitration agreement contained an unenforceable waiver of claims under California's Private Attorneys General Act ("PAGA") and the agreement

California security guards’ on-call break periods not compensable work time

  • Fenwick & West LLP
  • -
  • USA
  • -
  • February 18 2015

In contrast to the California Supreme Court's ruling in Mendiola, a California appeals court in Augustus v. ABM Security Services, Inc. held that

Buyer permitted to enforce arbitration agreement with acquired company’s employees

  • Fenwick & West LLP
  • -
  • USA
  • -
  • February 18 2015

A California court of appeal ruled in Marenco v. DirecTV, LLC that DirecTV could enforce an arbitration agreement between a company it purchased and

Termination of employee for engaging in outside work while on FMLACFRA upheld, but “honest belief” standard not addressed

  • Fenwick & West LLP
  • -
  • USA
  • -
  • February 18 2015

In Richey v. AutoNation, Inc., the California Supreme Court held that an arbitrator committed no legal error when he determined that an employer

Inability to work for boss not a disability; transfer to another supervisor not a reasonable accommodation

  • Fenwick & West LLP
  • -
  • USA
  • -
  • February 18 2015

In Alsup v. U.S. Bancorp, a federal district court in California dismissed a plaintiff's claims of disability discrimination, failure to accommodate

Waiting for and undergoing security checks not compensable time

  • Fenwick & West LLP
  • -
  • USA
  • -
  • January 12 2015

The United States Supreme Court recently held in Integrity Staffing Solutions, Inc. v. Busk et al. That time spent waiting for and undergoing