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Tuesday, June 25, 2013

Leos v. Darden Restaurants, Inc.

Agreement requiring employees to arbitrate disputes with employer was not substantively unconscionable where employer’s right to amend the agreement was limited by the phrase "as required by law," limitations on discovery were not per se unreasonable, requirement that employee pay the cost if employee ordered a transcript was no more burdensome than if the case was litigated, and provisional remedy language was neither overly harsh nor so one-sided as to shock the conscience. Employees who did not sue on behalf of a class lacked standing to argue that agreement’s ban on class-wide arbitration violated the National Labor Relations Act, and if they had standing, the argument would fail on its merits.
    

     Leos v. Darden Restaurants, Inc. - filed June 4, 2013, publication ordered June 24, 2013, Second District, Div. One

     Cite as B241630

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