Classifying computer professionals for purposes of overtime exemption can be a daunting task even for the most experience employment law attorneys. This task requires a thorough understanding of a complex interplay of Federal and California law, comprehensive knowledge

Last week, we discussed how in Iskanian, the Court of Appeal (Second Appellate District, Division Two)  held that the arbitration agreement could not be found unconscionable under Code Civ. Proc., § 1281, based on interference with the ability to vindicate statutory rights. 

In 2007, in Gentry v. Superior Court (2007) 42 Cal.4th 443, the California Court of Appeals held  that a class waiver provision in an arbitration agreement should not be enforced if “class arbitration would be a significantly more effective way of vindicating the rights of affected employees than individual arbitration.”