California Employment Law Blog

The Clock is Ticking: Implications of Late Payments in Arbitration

Posted by Timothy B. Del Castillo | Feb 13, 2024 | 0 Comments

In a recent case, the California Court of Appeal interpreted Section 1281.98 of the California Arbitration Act, emphasizing the 30-day deadline for receiving arbitration fees. The court ruled that fees must be both sent and received within 30 days after the due date, highlighting the importance of timely payments to avoid material breach of arbitration agreements under California law.

Defining "Dispute": The Impact of the Ending Forced Arbitration Act on Harassment Claims

Posted by Timothy B. Del Castillo | Feb 08, 2024 | 0 Comments

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, effective March 3, 2022, invalidates prior arbitration agreements for sexual assault or harassment disputes. In Kader v. Southern California Medical Center, Inc. (2024), a California Court of Appeal clarified that a "dispute" arises when a party asserts a right, claim, or demand, not when the alleged misconduct actually occurred.

Suarez v. Superior Court: Section 1281.97 and Timely Arbitration Payments

Posted by Timothy B. Del Castillo | Jan 28, 2024 | 0 Comments

Under section 1281.97, if an employer fails to pay arbitration fees within 30 days of the due date, it constitutes a "material breach," leading to the forfeiture of arbitration rights. In Suarez v. Superior Court (2024), an employer sought to evade section 1281.97 through alternative filing requirements. The Court of Appeal dismissed the employer's arguments, emphasizing the importance of timely payment for employers to uphold arbitration agreements.

Tough Pill to Swallow: PAGA's Impact on Arbitration Waivers and "Poison Pill" Clauses

Posted by Timothy B. Del Castillo | Jan 26, 2024 | 0 Comments

In Demarinis v. Heritage Bank of Commerce (2023), employees, initially under an arbitration agreement, grappled with complexities tied to PAGA, arbitration waivers, and "poison pill" clauses. This case emphasizes the need for meticulous drafting of arbitration clauses, underscoring the importance of specificity in waiver provisions, as the inclusion of a "poison pill" can lead to an entire arbitration contract being deemed unenforceable.

Snoeck v. ExakTime: The Cost of Incivility

Posted by Timothy B. Del Castillo | Jan 11, 2024 | 0 Comments

Snoeck v. Exaktime demonstrates the substantial influence of incivility on attorney fees, as the court upheld a 40% reduction due to the plaintiff's counsel's uncivil behavior during trial and on appeal. This establishes a precedent, underscoring the need for legal professionals to maintain respect and civility within the California legal system to avoid significant financial consequences.

California's Latest Moves to Curb Non-Compete Agreements

Posted by Daniel E. Richardson | Nov 30, 2023 | 0 Comments

California recently enacted SB 699 and AB 1076, laws that expand the state's prohibition on most non-compete agreements . These laws prohibit employers from including non-compete clauses in employment contracts and mandate notifying current and certain former employees hired after January 2022 about the invalidity of any such clauses, with new penalties in place for violations.

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