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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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Transportation Workers Get a Green Light to Ignore Arbitration Agreements for Wage Claims
The California Court of Appeal in Nieto v Fresno Beverage Company took the position that a driver who delivered beverages solely within the state of California was nonetheless a “transportation worker” who was exempt from the Federal Arbitration Act (“FAA”) … Continue reading
Posted in Arbitration, California, Class Action
| Tagged California Court of Appeal, California Labor Code, Class Action Waiver, FAA, Federal Arbitration Act, Nieto, Section 229
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Employee Non-Solicitation Agreements Are Shot Down Once Again in California
In November 2018, the California Court of Appeal in AMN Healthcare v. Aya Healthcare Services Inc. called into question the validity of employee non-solicitation agreements that prevent employees from soliciting and encouraging their former colleagues to come join them at … Continue reading
Posted in California, Hiring, Restrictive Covenant, Trade Secrets
| Tagged California Court of Appeal, Covenant, Non Compete, Non Competition, Non-Solicitation Agreement
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Arbitration Agreement Contained in Employee Handbook and Signed During Pending Class Action Is Invalid
On April 20, 2018, the California Court of Appeal, in the case Nguyen v. Inter-Coast International Training, Inc., held that an arbitration agreement contained in an employee handbook was both procedurally and substantively unconscionable. In that case, after a wage … Continue reading
Posted in California, Class Action, Pay
| Tagged Agreement, Arbitration, California Court of Appeal, Employment Arbitration Agreements, Handbook, Policy, Unconscionable, Wage & Hour, Wage Discrimination, Wages
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