California rule prohibiting waiver of Berman hearings was preempted by the Federal Arbitration Act. Such waivers may still be held invalid if found to be unconscionable.
Cases of Interest
Apr
The CHP is not a special employer of Freeway Service Patrol program tow truck drivers.
Apr
Employee that planned to donate kidney to disabled sister stated sufficient facts to support claims for associational discrimination, failure to maintain a discrimination-free environment, and wrongful termination.
Apr
In a suit against a nursing home and its licensed operator by an elderly resident, the trial court properly denied the defendants’ proposed jury instruction, but erred in admitting a DPH citation and in its interpretation of HSC section 1430.
A terminated employee presented enough evidence to raise a triable issue of material fact that his former employer’s in house counsel’s malpractice, breach of fiduciary duty, and fraud caused his termination.