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Arbitration agreement with independent contractors ruled not applicable to employment-law disputes

Fenwick & West LLP
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USA
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November 13 2012

In Elijahjuan v. Superior Court (Mike Campbell & Associates, Ltd.), a class of newspaper delivery workers classified as independent contractors brought suit alleging that they should have been classified and paid as employees

Court refuses to force human resources director to arbitrate dispute despite misrepresentations that she had signed arbitration agreement

Fenwick & West LLP
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USA
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November 13 2012

In a seemingly unjust result for the employer, a California court of appeal recently refused to enforce an unsigned arbitration agreement against a human resources director who repeatedly misled her employer into thinking she had signed it

Employer must provide copy of arbitration forum rules or where rules can be found

Fenwick & West LLP
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USA
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March 13 2012

In Mayers v. Volt Management Corporation, a California court of appeal refused to enforce an employment arbitration agreement for, among other reasons, the failure of the employer to provide the employee with a copy of the arbitration rules or how to find them

Court refuses to enforce unconscionable arbitration agreement

Fenwick & West LLP
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USA
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November 10 2010

In an example of an arbitration agreement that failed to pass legal muster, the California court of appeal refused to compel arbitration in Trivedi v. Curexo Technology Corporation

Employee required to arbitrate vacation pay claim

Fenwick & West LLP
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USA
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June 10 2009

In Sonic-Calabasas A, Inc. v. Moreno, a California court of appeal required an employee to arbitrate his vacation-pay claim despite the state Labor Commissioner's novel objection that the employee should first be allowed to have his claim decided by the Department of State Labor Standards Enforcement ("DLSE") and then arbitrated if the employer was dissatisfied with the DLSE decision

Court affirms arbitrator award of over $4 billion to former marketing officer

Fenwick & West LLP
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USA
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June 10 2009

A California court confirmed an earlier $4 billion arbitration award in favor of a former marketing officer in Chester v. iFreedom Communications Inc