RECENT POSTS
“No More Arbitration for You!” – Part 2
In our previous blog we wrote about California’s Assembly Bill 51, which largely impacts arbitration agreements by prohibiting employers from requiring employees or applicants for employment to agree to arbitrate claims for FEHA (Fair Employment and Housing
“No more arbitration for you!”: The California #MeToo Affect Continues
California Governor Gavin Newsom signed groundbreaking legislation largely impacting mandatory arbitration agreements (Assembly Bill 51) and extending the deadline to file a harassment complaint from one to three years (Assembly Bill 9): Assembly Bill 51
Franchisors are “Lovin’ It”
In a win for franchisors, the Ninth Circuit recently affirmed the district court’s summary judgment in favor of fast-food behemoth McDonald’s Corp., ruling that the franchisor is not a joint employer of its franchisees’ workers
Good News for Employers: No Derivative Penalties for Meal or Rest Break Violations
Any employer that has faced a wage & hour lawsuit in California knows that minor violations can quickly add up to significant liabilities. This is because a violation of one Labor Code often leads to
Franchise 101: Dickey’s Arbitration Pit; and If It Walks Like a Franchise…
Franchisor 101: Dickey’s Arbitration Pit A federal appeals court upheld a lower court’s refusal to order arbitration against a franchisee who bought an existing franchise. This was despite a provision in the franchise agreement to
Tameny Claim Strikes Out Against Employer
Employee lawsuits for wrongful termination often allege claims for violating the Fair Employment and Housing Act (FEHA) and public policy. The public policy claim, often referred to as a “Tameny” claim, is based on a
Goodbye 1099; Hello Employer Uncertainty
Last year (April 2018) the California Supreme Court rocked the boat with the seminal Dynamex decision, which created very high barriers for companies who utilize independent contractors. On September 18, 2019, Governor Gavin Newsom signed
Franchise 101: Don’t Interfere With Beer; and Over Supply of Gasoline Burns Potential Sale
Franchisor 101: Don’t Interfere With Beer The Mississippi Supreme Court ruled that a beer manufacturer’s “match and redirect” provision in an agreement with a wholesaler violated the state’s Beer Industry Fair Dealing Act (BIFDA). Anheuser-Busch’s
Franchise 101: The Proof Is in the Writing; and Party Pauper
Franchisor 101: The Proof Is in the Writing Ten years after the franchisor of the EXIT real estate system entered into a franchise agreement for a franchisee to operate an EXIT franchise in Maitland, Florida,
California Employment Law: Pros & Cons of Arbitration
Arbitration is a highly controversial topic in California. Just last year 20,000 Google employees walked off the job in protest of Google’s policy to arbitrate workplace misconduct claims. A few weeks ago more than 200