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California’s Wage And Hour Laws Can Apply To Work Performed Out Of State

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California’s Wage And Hour Laws Can Apply To Work Performed Out Of State

Whether or not California’s wage and hour laws apply to work performed out of state generally depends upon the circumstances of employment.  In Bernstein v. Virgin America, Inc., 227 F. Supp. 3d 1049 (N.D. Cal. 2017), the court rejected the argument that the “job situs” of the plaintiff was determinative as to whether the California Labor code applied.  Instead, the Bernstein court explained that: “[i]nstead of considering principal ‘job situs’ in a vacuum, the California Supreme Court has endorsed a multifaced approach.

Employers Must Defend their Employees From Lawsuits Even When Employees are at Fault

Employers Must Defend their Employees From Lawsuits Even When Employees are at Fault

Your employee violates a clear and established company policy which results in a lawsuit against the company.  The employee is named in the lawsuit as well.  Does the company have the obligation to pay for the employees defense despite the employee's clear negligence?

The answer is YES.

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Inability to Pay High Arbitration Fees May be a Defense to Arbitration Agreements

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Inability to Pay High Arbitration Fees May be a Defense to Arbitration Agreements

Where a party to an arbitration agreement is financially incapable of sharing the costs of arbitration, the Court has discretion to retain jurisdiction over the action and deny arbitration.  See Roldan v. Callahan & Blaine, 219 Cal.App.4th 87 (2013); see also Cal. Code Civ. Proc. § 1281.2.  Confronted with the issue of whether plaintiffs could be excused from the obligation to pay fees associated with arbitration, the Court of Appeal concluded they could.  Roldan, 219 Cal.App.4th at 95.  “If, as plaintiffs contend, they lack the means to share the cost of the arbitration, to rule otherwise might effectively deprive them of access to any forum for resolution of their claims against [defendants].  We will not do that.  Of course, as the trial court recognized, we cannot order the arbitration forum to waive its fees.”  Roldan, 219 Cal.App.4th at 96.