Daily eBriefs - May 16, 2024

Contracts When a district court finds that a lawsuit involves an arbitrable dispute and a party has requested a stay of the court proceeding pending arbitration, 9 U.S.C. §3 compels the court to issue a stay, and the court lacks discretion to dismiss the suit. Smith v. Spizzirri - filed May 16, 2024 Cite as 2024 S.O.S. 22-1218 Full text click here > http://sos.metnews.com/sos.cgi?0524//22-1218_5357

Daily eBriefs - May 9, 2024

Employment Law Absent a mandate which explicitly directs to the contrary, a district court upon remand can permit the plaintiff to file additional pleadings; plaintiffs adequately alleged facts that, if proved, triggered an ERISA plan administrator’s duty to provide pension benefit statements and they stated a viable ERISA claim by alleging that the plan administrator provided substantially inaccurate pension benefit statements Bafford v. Administrative Committee of the Northrop Grumman Pension Plan - filed May 9, 2024 Cite as 2024 S.O.S. 22-55634 Full text click here >http://sos.metnews.com/sos.cgi?0524//22-55634.

Daily eBriefs - May 6, 2024

Administrative Where a case was remanded to the National Labor Relations Board to explain better its decision that an employer may unilaterally cease union dues checkoff after the expiration of a collective bargaining agreement and the board rendered a new decision readopting its prior rule prohibiting employers from unilaterally ceasing dues checkoff after expiration of a collective bargaining agreement, the board did not exceed the scope of the mandate since the mandate did not clearly foreclose reconsideration of the board’s underlying rule regarding dues checkoff after expiration of the applicable collective bargaining agreement. Valley Hospital Medical Center v. National Labor Relations Board - amended May 6, 2024 Cite as 2024 S.O.S. 22-1978 Full text click here >http://sos.metnews.com/sos.cgi?0524//22-1978. Employment Law If an employer reasonably and in good faith believed it was providing a complete and accurate wage statement in compliance with the requirements of Labor Code §226, then it has not knowingly and intentionally failed to comply with the wage statement law. Naranjo v. Spectrum Security Services - filed May 6, 2024 Cite as 2024 S.O.S. 1524 Full text click here >http://sos.metnews.com/sos.cgi?0524//S279397.

Daily eBriefs - April 24, 2024

Civil Procedure Where the appellate court’s instructions on remand required the trial court to do more than perform a pure mathematical computation of fees, or add or delete a category of fees, and the trial court had to exercise its discretion to determine an appropriate award of attorney fees, the prior opinion was a reversal, not a modification, and interest on the award runs from the post-remand fee order. Vines v. O’Reilly Auto Enterprises - filed April 24, 2024, Second District, Div. Seven Cite as 2024 S.O.S. 1421 Full text click here >http://sos.metnews.com/sos.cgi?0424//B327821

Daily eBriefs - April 24, 2024

Employment Law The National Labor Relations Board’s cease-and-desist order was final and reviewable even though the board had severed the question of whether to adopt a compensatory remedy for the employer’s conduct where nothing in the order suggested that the severed issue would have any effect on the board’s conclusion regarding the underlying charge. National Labor Relations Board v. Siren Retail (Workers United) - filed April 24, 2024 Cite as 2024 S.O.S. 22-1969 Full text click here >http://sos.metnews.com/sos.cgi?0424//22-1969. Employment A public university did not violate an employee’s due process rights by denying her a Skelly proceeding before she was demoted since the demotion was the result of her voluntary decision to transfer to a lower paying position. LaMarr v. Regents of the University of California - filed April 5, 2024, publication ordered April 23, 2024, Third District Cite as 2024 S.O.S. 1431 Full text click here >http://sos.metnews.com/sos.cgi?0424//C097235.

Daily eBriefs - April 22, 2024

Employment Law A disability-based harassment claim is available under the Americans with Disabilities Act and the Rehabilitation Act. Mattioda v. Nelson - filed April 22, 2024 Cite as 2024 S.O.S. 22-15889 Full text click here >http://sos.metnews.com/sos.cgi?0424//22-15889 Employment Law Nonconvicted incarcerated individuals working in a county jail for a private company do not have a claim for minimum wage and overtime under California law. Ruelas v. County of Alameda - filed April 22, 2024 Cite as 2024 S.O.S. 1377 Full text click here >http://sos.metnews.com/sos.cgi?0424//S277120A

Daily eBriefs - April 19, 2024

Contracts An employer waived its right to compel arbitration in a certified wage and hour class action by unreasonably delaying its motion to compel where the employer did not attempt to enforce its alleged arbitration rights until nine months after Viking River Cruises v. Moriana was decided, and five to six months after the class members signed new arbitration agreements. Semprini v. Wedbush Securities - filed April 18, 2024, Fourth District, Div. Three Cite as 2024 S.O.S. 1353 Full text click here >http://sos.metnews.com/sos.cgi?0424//G062622. Employment Law An employee subject to alleged Labor Code violations by her employer may bring a non-individual or representative PAGA action on behalf of herself and other employees even if she did not file an individual cause of action seeking individual relief for herself. Balderas v. Fresh Start Harvesting - filed March 3, 2024, publication ordered April 18, 2024, Second District, Div. Six Cite as 2024 S.O.S. 1358 Full text click here >http://sos.metnews.com/sos.cgi?0424//B326759.