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Beverly Hills, California, United States
Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

Tuesday, August 12, 2014

Knutsson v. KTLA, LLC

Employer, by moving to compel arbitration under a union contract, waived its right to enforce provisions of the contract requiring employee to exhaust pre-arbitration remedies. Arbitration agreement between employer and union could not be invoked to prevent individual plaintiff from pursuing litigation regarding alleged breach of his individual contract with employer and violation of statutory rights. Trial court correctly ruled on arbitrability, rather than referring the issue to arbitration, in the absence of an agreement unambiguously requiring that the issue be decided by an arbitrator.
     Knutsson v. KTLA, LLC - filed August 12, 2014, Second District, Div. Five
     Cite as 2014 S.O.S. 3369

For More Information Contact us at:
http://beverlyhillsemploymentlaw.com/

Monday, August 11, 2014

Rebolledo v. Tilly’s Inc

In a putative class action regarding statutory wage claims, the court did not err in a denying motion to compel arbitration where the parties’ arbitration agreement expressly excluded statutory wage claims.
     Rebolledo v. Tilly’s Inc. - filed July 8, 2014, publication ordered Aug. 6, 2014, Fourth District, Div. Three
     Cite as 2014 S.O.S. 3296

For More Information Contact us at:
http://beverlyhillsemploymentlaw.com/

Lefiell Manufacturing Company v. Superior Court of Los Angeles County

A door on a machine is not a "point of operation guard" for purpose of a statute providing an exception to the worker’s compensation exclusivity rule--where an employer has failed to install or has removed such a guard from a power press.
     Lefiell Manufacturing Company v. Superior Court of Los Angeles County - filed Aug. 6, 2014, Second District, Div. Three
     Cite as 2014 S.O.S. 3290

For More Information Contact us at:
http://beverlyhillsemploymentlaw.com/

Wednesday, July 30, 2014

DeYoung v. Commission on Professional Competence of the Hueneme Elementary Schoool District

Where school district administration orally presented charges against teacher to school board in a confidential proceeding, prior to written charges being prepared and provided to teacher--contrary to the Education Code’s requirement that the board, prior to initiating dismissal, consider either verified written charges prepared by the district or written charges formulated by the board itself--this was a procedural error that was neither substantive nor prejudicial and did not render teacher’s dismissal unlawful.
     DeYoung v. Commission on Professional Competence of the Hueneme Elementary Schoool District (Hueneme Elementary School District) - filed July 30, 2014, Second District, Div. Six
     Cite as 2014 S.O.S. 3082

For More Information Contact us at:
http://beverlyhillsemploymentlaw.com/


Wednesday, July 23, 2014

Galen v. Redfin Corporation

Arbitration clause covering disputes "arising out of or related to" the parties’ agreement extended to issue of whether plaintiff was misclassified as an independent contractor, even to the extent that the issue implicated plaintiff’s Labor Code claims. Mutual attorney fee provision did not "shock the conscience" and result in unconscionability. Neither inconvenience nor the additional expense of litigating in the selected forum will support the invalidation of a forum-selection clause. California public policy favors enforcement of such clauses and places the burden on the objecting party to establish that the clause is unreasonable.
     Galen v. Redfin Corporation - filed July 21, 2014, First District, Div. One
     Cite as 2014 S.O.S. 3708

For More Information Contact us at:
http://beverlyhillsemploymentlaw.com/

Friday, July 18, 2014

Rodriguez v. City of Santa Clara

In an independent review of application for disability benefits due to posttraumatic stress disorder, a trial court’s standard of review is not whether the findings are supported by "substantial evidence"; rather, where a matter involves a "fundamental vested right," a reviewing court must independently weigh the evidence and give no deference to the initial factfinder.
     Rodriguez v. City of Santa Clara - filed July 17, 2014, Sixth District

     Cite as 2014 S.O.S. 3668

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Tuesday, July 15, 2014

Peabody v. Time Warner Cable, Inc.

An employer may not attribute commission wages paid in one pay period to other pay periods in order to satisfy California’s compensation requirements.
     Peabody v. Time Warner Cable, Inc. - filed July 14, 2014
     Cite as 2014 S.O.S.3598

For More Information Contact us at:
http://beverlyhillsemploymentlaw.com/

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