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Mark S. AskanasBlog Posts

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Arbitrator, Not Court, Decides Arbitration Agreement’s Enforceability, California Court Holds

A clause delegating to an arbitrator the authority to decide questions of an arbitration agreement’s enforceability was not unconscionable under California law, the California Court of Appeal has ruled. Malone v. Superior Court, No. B253891 (Cal. Ct. App. June 17, 2014). The Court affirmed an order enforcing the delegation clause and compelling arbitration. Significantly, the … Continue reading Arbitrator, Not Court, Decides Arbitration Agreement’s Enforceability, California Court Holds
July 1, 2014

Employer Did Not Waive Right to Arbitration Despite One-Year Delay, California Court Rules

An employer that petitioned to compel arbitration one year after the employee filed his employment-related complaint did not waive its right to arbitrate the complaint, the California Court of Appeal has ruled, confirming the burden of proving a party waived its right to arbitration is a heavy one. Gloster v. Sonic Automotive, Inc., No. A137081 … Continue reading Employer Did Not Waive Right to Arbitration Despite One-Year Delay, California Court Rules
June 3, 2014

Arbitrator, Not Court, Decides Arbitration Agreement’s Enforceability, California Court Rules

A trial court lacked authority to rule on the enforceability of an arbitration agreement when the parties had contracted to delegate questions about the agreement’s enforceability to the arbitrator, the California Court of Appeal has ruled, reversing the denial of arbitration in a wrongful discharge action. Tiri v. Lucky Chances, Inc., No. A136675 (Cal. Ct. … Continue reading Arbitrator, Not Court, Decides Arbitration Agreement’s Enforceability, California Court Rules
May 23, 2014

Fitness-for-Duty Exam Permitted under Federal FMLA after Employee Restored to Job, California Court Rules

An employer did not violate the federal Family and Medical Leave Act by requiring an employee to undergo a fitness-for-duty evaluation after it had restored her to her position following a medical leave of absence for psychological issues, the California Court of Appeal has ruled. White v. County of Los Angeles, No. B243471 (Cal. Ct. … Continue reading Fitness-for-Duty Exam Permitted under Federal FMLA after Employee Restored to Job, California Court Rules
April 28, 2014

Supervisor’s Conduct Supported Same-Sex Harassment Claim, California Court Rules

Finding an intern had produced sufficient evidence for a reasonable jury to conclude his supervisor engaged in a pervasive pattern of harassing conduct “because of sex,” including numerous gifts, frequent lunch purchases, along with sexual jokes and displays of pornographic computer images, the California Court of Appeal has allowed his harassment suit to proceed, reversing … Continue reading Supervisor’s Conduct Supported Same-Sex Harassment Claim, California Court Rules
April 28, 2014

Delay in Requesting Arbitration Until After Key Legal Decision Did Not Result in Waiver of Right

 A California Court of Appeal has issued a favorable opinion for employers regarding arbitration agreements. Specifically, the Court held that an employer did not waive its right to enforce an arbitration agreement by waiting to request arbitration until after the U.S. Supreme Court has issued a decision addressing the enforceability of class action waivers in arbitration agreements, … Continue reading Delay in Requesting Arbitration Until After Key Legal Decision Did Not Result in Waiver of Right
September 13, 2012

California Court of Appeal Strikes Overtime Class Action Based On Due Process Concerns

Reversing a $15 million judgment against an employer in a class action for alleged unpaid overtime, the California Court of Appeal, First Appellate District, has held that the trial court’s trial management plan, which used sampling evidence to prove class liability, denied the employer due process by preventing it from defending against over 90% of … Continue reading California Court of Appeal Strikes Overtime Class Action Based On Due Process Concerns
February 15, 2012

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