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Category Archives: Labor & Employment Litigation

Arbitration Clauses Are Not Always Enforceable

Two recent California Courts of Appeal decisions illustrate possible pitfalls in defendants’ attempts to compel arbitration of an employment dispute. In Garcia v. Haralambos Beverage Co., 2021 DJDAR 118, the Second District Court of Appeal upheld the trial court’s order denying defendant’s motion to compel arbitration, despite arbitration agreements signed by the plaintiffs.  The Court […]

Dynamex Update: Not a Passing Fancy

In previous blogs, we have discussed the California Supreme Court’s seminal decision in Dynamex Operations West, Inc. v. Superior Court, which established a new and extremely limiting test for determining whether a worker is an employee or independent contractor.  Initially, there was some debate over how expansive it might prove to be, and how much […]

A Potentially Disruptive Ruling for California Employers

On April 30th the California Supreme Court issued an opinion that almost certainly will cause significant changes in how many businesses, particularly those which rely on independent contractors, will conduct their California operations in the future.  The 82-page ruling in Dynamex v. Superior Court is predicted to seriously impact the business model of many companies […]

What to Do When an Employee Becomes a Competitor

A Guide for Businesses Large and Small. Immediate First Steps When key personnel leave to start or to join a competing business, there is often a scramble to save clients and to focus on damage control.  The company should also immediately undertake two measures to preserve its legal rights. First, the company should take steps […]

Beware Waiting to Compel Arbitration

Some defendants, when facing a lawsuit filed in federal court, may elect to litigate in that court even though a binding arbitration provision is available to them. The reasons for doing so may be unimpeachable, such as availability of certain types of relief or the potential for precedential decisions. A strategy to delay making that […]