PAGA ARBITRATION: JUST WHO OWNS THIS CASE? The big issue pending in California employment law is whether a particular type of collective lawsuit by many workers must be arbitrated. Employees should care about this issue because compelling arbitration will...
Pig or Princess? Arbitration Agreement will not cover official pre-employment relationship INDEPENDENT CONTRACTOR STATUS: THE POWER AND IMPOTENCE OF LABELS An Independent contractor by any other name is still an independent contractor, at least when interpreting an...
THE PAGA CASE AND ARBITRATION: BACKGROUND. Whether ‘tis nobler to endure the slings and arrows of outrageous fortune, and thereby to represent the public good, or to submit to the charge of leech feeding upon the lifeblood of the California economy, that is...
Arbitration proceedings are not confidential. There is no statute or State Bar rule that requires arbitrations to be confidential. Confidentiality is required only by contract.An employee may have reasons to want the arbitration to be public. Public disclosure may...
The judicial tension between California and the U. S. Supreme Court is palpable. The tension arises out of California court decisions that find arbitration agreements not meeting fairness and equitable criteria to be unenforceable as a “matter of public...