We invite you to review our newly-posted, September 2026 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Latest from Proskauer Rose LLP - Page 3
Employee Was Bound By Customer Arbitration Agreement For Off-Duty Ride
Wilkins v. Cruise, LLC, 121 Cal. App. 5th 927 (2026)
A Cruise employee was injured while riding in one of the company’s autonomous vehicles, but he was off duty and using the ride-hailing service as a customer. He sued Cruise
Arbitration Clause Was Too Narrow To Cover Wrongful Termination Claims
Morales v. Superior Court, 122 Cal. App. 5th 239 (2026)
A former employee asserted disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation under the California Family Rights Act, and common law wrongful termination claims. The
Separate Confidentiality Agreement Rendered Arbitration Agreement Unconscionable
Cluck v. GEO Secure Services, LLC, 122 Cal. App. 5th 249 (2026)
A former employee brought a putative wage-and-hour class action, and GEO sought to enforce an arbitration agreement signed during onboarding. The Court of Appeal held that the arbitration
Second Motion To Compel Arbitration Was Unauthorized Motion For Reconsideration
Hickenbottom v. Medical Solutions LLC, 2026 WL 2511310 (Cal. Ct. App. 2026)
Medical Solutions first moved to compel a travel nurse’s wage-and-hour claims under an arbitration provision in its handbook. After the trial court denied the motion because that provision
Employer Waived Arbitration By Litigating Before Seeking To Compel
Mitchell v. Lilac Solutions, Inc., 2026 WL 2443955 (Cal. Ct. App. 2026)
Employees sued for wrongful termination, discrimination, and sexual harassment. The employer answered, pursued extensive discovery over the course of three months, filed cross-claims, and otherwise advanced the court
EFAA Did Not Apply To Sexual Harassment Dispute That Arose Before Statute’s Effective Date
Combs v. Netflix, Inc., 180 F.4th 1201 (9th Cir. 2026)
Jessica Combs alleged that from 2017 through 2021, she repeatedly complained to Netflix about a sexually charged workplace and specific incidents of harassment, that Netflix failed to correct the situation,
Sexual-Orientation Harassment Claim Was Exempt From Arbitration Under EFAA
Decloedt v. RadNet Mgmt., Inc., 121 Cal. App. 5th 732 (2026)
A male employee alleged that a coworker repeatedly made derogatory comments about his being gay, engaged in threatening and unwelcome physical conduct, and continued such activity despite Decloedt’s complaints
Employee Did Not Waive Litigation Right By Arbitrating Before “Discovering” She Had Been Sexually Harassed
Ding v. Structure Therapeutics, Inc., 2026 WL 2420555 (9th Cir. 2026)
After her termination, former CFO Dr. Ding Ding filed an arbitration demand, alleging discrimination and harassment based on national origin and her status as a domestic-violence victim. Discovery revealed
Medical Staffing Company Owed No Duty Of Fair Procedure Before Removing Physician
Stallion Springs Med. Services v. Superior Court, 2026 WL 2593327 (Cal. Ct. App. 2026)
An emergency-room physician (Kuljit S. Hundal) worked at a hospital under an independent-contractor agreement with Stallion Springs, a medical staffing company. After a patient complained about