An “at will” provision in an employment contract does not mean an employer can’t avoid tort liability for fraudulent inducement of contract based on the contract’s inclusion of said provision.
By signing under an as “approved as to form and content” of a settlement agreement Plaintiff’s attorney did not consent to be bound by the settlement agreement
The release signed by participant assumed all risks associated with participation in race, precluding claim for ordinary negligence; release was not void against public policy; there was a genuine issue of material fact as to whether organizer’s management of race constituted gross negligence; and primary assumption of the risk doctrine did not bar action.
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Duty to defend may be required of insurer in negligent hiring context, even where acts of hired employee causing harm were willful.
California’s wage and hour statutes and regulations have not adopted the de minimis doctrine found in the FLSA. Where an employer requires an employee to work “off the clock” several minutes per shift, the de minimis principle does not apply.