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

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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

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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/
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