Court Holds Arbitration Agreement Requiring Employee to Pay Half of Arbitration Costs is Unconscionable

By Laura Reathaford & Jacklina Len on November 6, 2013

In Chavarria v. Ralphs Grocery Co., No. 11-56673, 2013 WL 5779332 (9th Cir. Oct. 28, 2013), the plaintiff, a former deli clerk, brought a class action against Ralphs for various alleged wage and hour violations of the California Labor Code. As a condition of employment, Chavarria signed an arbitration agreement containing a class action waiver. Ralphs filed a motion to compel arbitration. The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s…

Proskauer on Class and Collective Actions

Court Holds Arbitration Agreement Requiring Employee to Pay Half of Arbitration Costs is Unconscionable

By Laura Reathaford & Jacklina Len on November 6, 2013

Proskauer on Class and Collective Actions

CA Supreme Court Holds That Employees Are Bound By Arbitration Agreements Waiving Right To A Labor Comm’r Hearing

By Laura Reathaford & Jacklina Len on October 21, 2013

Frank Moreno agreed, as a condition of his employment with Sonic-Calabasas A, Inc., to arbitrate all of this employment disputes with his employer. After terminating his employment with Sonic, Moreno filed an administrative wage claim with the Labor Commissioner for unpaid vacation pay. Filing such a claim is the first step toward obtaining a “Berman” hearing (an administrative dispute resolution forum designed to assist employees in recovering wages).…

California Employment Law Update

CA Supreme Court Holds That Employees Are Bound By Arbitration Agreements Waiving Right To A Labor Comm’r Hearing

By Laura Reathaford & Jacklina Len on October 20, 2013

California Employment Law Update

Employer Held Not Vicariously Liable For Employee’s Alleged Negligent Use Of Company Car

By Laura Reathaford & Jacklina Len on October 10, 2013

Halliburton Energy Services, Inc. provided Troy Martinez with a company vehicle to use in the execution of his duties. After completing a day’s work, Martinez drove to Bakersfield with his family to purchase a car for his wife. The trip to Bakersfield on this occasion exceeded his normal commute by approximately 140 miles (notably, Martinez had travelled to Bakersfield for work in the past). After leaving the dealership, Martinez struck a vehicle, injuring the six…

Jacklina Len

Court Holds Arbitration Agreement Requiring Employee to Pay Half of Arbitration Costs is Unconscionable

Court Holds Arbitration Agreement Requiring Employee to Pay Half of Arbitration Costs is Unconscionable

CA Supreme Court Holds That Employees Are Bound By Arbitration Agreements Waiving Right To A Labor Comm’r Hearing

CA Supreme Court Holds That Employees Are Bound By Arbitration Agreements Waiving Right To A Labor Comm’r Hearing

Employer Held Not Vicariously Liable For Employee’s Alleged Negligent Use Of Company Car

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