Articles

When there is a dispute as to whether a given dispute must be arbitrated, who decided that question:  the arbitrator or a judge?The general rule is that unless the parties contract to refer the “arbitrability” issue to the arbitrator, it must be decided by the court.

The California Labor Code requires that employees be given meal and rest breaks during the work day. (See Cal. Labor Code, sections 512 (30 minute meal break); section 226.

California law requires timely disclosure of all matters that may cause a person to doubt the impartiality of the arbitrator. (See Cal. Code of Civil Procedure, section 1281.9.

An investigation by the California Board of Registered Nursing usually starts with a telephone call or letter.  The best course of action is to have an attorney promptly respond on your behalf.  Sometimes, the investigator will start asking questions during the first phone call.

One of the hardest decisions judges and juries have to make is determining when an amorous advance turns into sexual harassment.  In EEOC v. Prospect Airport Services, Inc., the court confronted a case where a female employee repeatedly pestered a male worker with sexual advances.

When Congress passed the “No Child Left Behind Act” (NCLB, 20 USC §§ 6301, et seq.) the aim was to improve educational opportunities for disadvantaged children. As part of the effort, the statute provides funding for, and permits flexibility in, staffing poorly performing schools.

In International Union of Painters & Allied Trades District 15 v. J&R Flooring, Inc., the Ninth Circuit confronted and resolved an important labor law issue.

One of the most troubling issues in employment litigation is the type of proof a person needs to present in order to prove discriminatory prejudice.

When California voters passed Proposition 209 in 1996, many people thought there would be few legal issues to follow in its wake. After all, the essence of the proposition was simple:  no more racial and sex preference programs in public employment, education or contracting.

Covenants not to compete are invalid in California, except in very specific circumstances recognized in sections 16600-16602.5 of the Business & Professions Code.