Joshua Rodine

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Articles

Arbitration Agreement Enforceable By Non-Signatory Alleged Joint-Employers | JD Supra

Dec 11, 2024 | jdsupra.com | Joshua Rodine

Seyfarth Synopsis: Employees who sign an arbitration agreement with one company cannot avoid arbitration with related defendant-companies by arguing they were not parties to the agreement. The California Court of Appeal held that claims against related defendant-companies that are closely tied to the arbitration agreement cannot not be separated for litigation. Edgar Gonzalez v. Nowhere Beverly Hills LLC, B328959.
No Arbitration Even If Only One Claim Is Covered By EFAA | JD Supra

Oct 15, 2024 | jdsupra.com | Ashley Arnett |Joshua Rodine

Seyfarth Synopsis: The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) renders arbitration agreements unenforceable with regard to claims of sexual assault and sexual harassment. The California Court of Appeal recently held that the plain language of the EFAA exempts a plaintiff’s entire case from arbitration where the plaintiff asserts at least one claim subject to the EFAA. Yongtong Liu v. Miniso Depot CA, Inc.
No Arbitration Even If Only One Claim Is Covered By EFAA

Oct 15, 2024 | mondaq.com | Ashley Arnett |Joshua Rodine

Seyfarth Synopsis: The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA") renders arbitration agreements unenforceable with regard to claims of sexual assault and sexual harassment. The California Court of Appeal recently held that the plain language of the EFAA exempts a plaintiff's entire case from arbitration where the plaintiff asserts at least one claim subject to the EFAA. Yongtong Liu v. Miniso Depot CA, Inc.
Single Use Of Racial Slur May Constitute Harassment

Aug 5, 2024 | mondaq.com | Joshua Rodine |Cristen Hintze

Seyfarth Synopsis: The California Supreme Court ruled that an isolated, one-time, use of a racial slur may be so severe—when viewed in relation to the totality of the circumstances—as to alter the conditions of employment, thereby creating an unlawfully hostile work environment. Twanda Bailey v. San Francisco District Attorney's Office.
Single Use of Racial Slur May Constitute Harassment | JD Supra

Aug 2, 2024 | jdsupra.com | Cristen Hintze |Joshua Rodine

Seyfarth Synopsis: The California Supreme Court ruled that an isolated, one-time, use of a racial slur may be so severe—when viewed in relation to the totality of the circumstances—as to alter the conditions of employment, thereby creating an unlawfully hostile work environment. Twanda Bailey v. San Francisco District Attorney’s Office.
Standard Contract Waiver Analysis Applies To Arbitration Agreements

Aug 2, 2024 | mondaq.com | Clara Rademacher |Joshua Rodine

The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts to determine whether the party seeking to enforce an arbitration agreement has waived its right to do so. Quach v. California Commerce Club, Inc.
Standard Contract Waiver Analysis Applies to Arbitration Agreements | JD Supra

Aug 1, 2024 | jdsupra.com | Clara Rademacher |Joshua Rodine

Seyfarth Synopsis: The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts to determine whether the party seeking to enforce an arbitration agreement has waived its right to do so. Quach v. California Commerce Club, Inc.
Good Faith Defense Applies To Wage Statement Penalty Claims

May 14, 2024 | mondaq.com | Janine Raduechel |Joshua Rodine

Seyfarth Synopsis: The California Supreme Court concluded that the "good faith" defense applies to claims seeking to impose penalties under California Labor Code section 226. An employee must show that an employer's failure to comply with section 226(a) was both knowing and intentional in order to establish an entitlement to penalties. Naranjo v. Spectrum Security Services.
Good Faith Defense Applies To Wage Statement Penalty Claims | JD Supra

May 8, 2024 | jdsupra.com | Janine Raduechel |Joshua Rodine

Seyfarth Synopsis: The California Supreme Court concluded that the “good faith” defense applies to claims seeking to impose penalties under California Labor Code section 226. An employee must show that an employer’s failure to comply with section 226(a) was both knowing and intentional in order to establish an entitlement to penalties. Naranjo v. Spectrum Security Services.
U.S. Supreme Court Clarifies Application Of FAA Transportation Exemption

Apr 25, 2024 | mondaq.com | Brian Gillis |Joshua Rodine

Seyfarth Synopsis: On April 12, 2024, the United States Supreme Court ruled that an individual does not need to work directly in the transportation industry to be within the scope of the Federal Arbitration Act (FAA) exemption for transportation industry workers. The Court held that the work performed, rather than the industry of the employer, determines whether the FAA's exemption applies. Bissonnette et al. v. Lepage Bakeries Park St., LLC, et al.