“It is up to the state courts, not an arbitrator, to interpret state labor law standards applicable to all workers."

Union employees may be able to avoid forced arbitration, depending on the language in their collective bargaining agreement and the types of claims brought in the lawsuit.

On April 25, 2019, in Melendez v. S.F. Baseball Associates, LLC (SC S245607 4/25/19), the California Supreme Court held that a lawsuit for

unpaid wages upon discharge under Labor Code section 201 was not preempted by the Labor Management Relations Act of 194 ((29 U.S.C. § 185(a)), avoiding arbitration under Labor Code section 219. Security guards sued for unpaid wage...

On April 27, 2017, a Riverside Superior Court Judge awarded a full verdict in favor of Lit Law Firm's client following a two-day trial.  

The Judge also granted review of Lit Law's motion for attorney fees seeking a full recovery of all fees as the prevailing party in the action, pursuant to the Labor Code.

This case followed as an appeal of the prior win by Lit Law Firm in an underlying administrative action.  

In Sheikh, et al. v. Tesla, Inc. d/b/a Tesla Motors Inc., 17-CV02193 (N.D. Cal., filed April 19, 2017),Tesla owners sue automaker for alleged faulty safety features. The suit demands for a recall and buyback of the affected cars and a jury trial where the plaintiffs will seek restitution and damages from the company.

The complaint is over Model S and Model X vehicles that were marketed as fully equipped with enhanced autopilot software, neglecting to inform customers that the safety features were erratic or non-functioning. The complaint cites to experiences of several plaintiffs who described how the autopilot system would periodically fail to slow or...

Recently, the U.S. Supreme Court issued yet another decision upholding class action waivers contained in arbitration agreements.  The court held that the waivers are enforceable under the Federal Arbitration Act ("FAA") and cannot be invalidated on state law grounds inapplicable to any other contract.

Practical Effects:

The recent U.S. Supreme Court position is encouraging for employers and provides some basis for concerns for employees.  This decision further paves the pathway for enforceability of arbitration agreements and class action waivers under the FAA. Although arbitration agreements and class action waivers may not necessa...

Governor Brown increased California’s minimum wage in phases in AB10: “. . . [1] on and after July 1, 2014, the minimum wage for all industries shall be not less than nine dollars ($9) per hour, and [2] on and after January 1, 2016, the minimum wage for all industries shall be not less than ten dollars ($10) per hour.”​ This new law affects pay scales for exempt and non-exempt employees.

For non-exempt employees, on and after January 1, 2016, even your lowest-level worker must earn at least $10/hour.  Accordingly, overtime for the lowest-level worker would be at $15/hour and double-time at $20/hour.

For exempt employees, the employee’s duties mus...

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Many considerations come to light when you are weighing your options to get out of debt.

If you lose a civil case and are ordered to pay money to the winning side, you become a judgment debtor. The court will not collect the money for your creditor, but if you do not pay voluntarily, the creditor (the person you owe money to) can use different enforcement tools to get you to pay the judgment.

You should pay the judgment against you as soon as it becomes final. If you do not pay, the creditor can start collecting the judgment right away as long as:

1. The judgment has been entered. You can go to the court clerk’s office and check the court’s records...