by Sayema Hameed If an employer includes an arbitration clause in a written employee handbook, provides the handbook to an employee, and obtains a written acknowledgment of receipt of the handbook from the employee, is that enough to enable the employer to compel arbitration of the employee’s wrongful termination claims? In a recent case, the …
arbitration
Hoover v. American Income Life Insurance Company: California Court Rules That Labor Code Wage Claims Are Not Subject To Arbitration
by Sayema Hameed In the “fluid and volatile” world of employee arbitration agreements, the California Court of Appeal has issued yet another opinion. In the wage-and-hour case Hoover v. American Income Life Insurance Company (Fourth District, Div. Tow, Case No. E052864, filed 5/16/12, pub. ordered 6/13/12), the Court ruled that the plaintiff’s statutory wage claims …
Iskanian v. CLS Transportation Los Angeles, LLC: California Court Applies Concepcion To Uphold Class Action Waiver In Employee Arbitration Agreement
by Sayema Hameed In the ever changing legal landscape of employee arbitration agreements, there has been a lot of tension between federal law and California law concerning the enforcement of such agreements. California case law previously prohibited class action waivers in arbitration agreements when included in consumer contracts of adhesion (known as the “Discover Bank …
Samaniego v. Empire Today LLC: California Court of Appeal Finds Contractor Arbitration Agreement Unconscionable
by Sayema Hameed The California Court of Appeal has issued a new decision holding an employee arbitration agreement to be unenforceable: Samaniego v. Empire Today LLC (First District, Div. Three, Case No. A132297; filed 4/5/12; publication ordered 5/7/12). In Samaniego, carpet installers filed a class action against Empire Today, LLC (“Empire”), a national carpet and …
Mayers v. Volt Management Corp.: California Court Finds Employee Arbitration Agreement Unenforceable
by Sayema Hameed The California Court of Appeal has issued a decision holding that an employee arbitration agreement is unenforceable. In Mayers v. Volt Management Corp. (filed February 2, 2012, publication ordered February 27, 2012, Fourth District, Div. Three, Case No. G045036), the plaintiff filed a lawsuit against his former employer alleging various claims under …