by Alexei Kuchinsky, Esq | Jun 13, 2012 | Arbitration, New Case Law
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...
by Alexei Kuchinsky, Esq | May 13, 2012 | Arbitration, Employment Law News, New Case Law
Last week, in Salome Samaniego, et. al. v. Empire Today, LLC (May 2012), the California Court of Appeals refused to enforce an arbitration clause in the context of wage and hour litigation on the grounds that the arbitration provision was procedurally and...
by Alexei Kuchinsky, Esq | May 6, 2012 | Attorney's Fees, New Case Law
Last week, on April 30, 2012, in Kirby v. Immoos Fire Protection, Inc., the California Supreme Court ruled on an issue whether a party prevailing on a section 226.7, for an alleged failure to provide meal and rest breaks, may be awarded attorney’s fees. Surprisingly...
by Alexei Kuchinsky, Esq | Apr 24, 2012 | Meal and Rest Periods, New Case Law
In its recent decision Brinker vs. Superior Court (2012), the California Supreme Court finally provided clear guidelines on how rest and meal break provisions of the Labor Code and IWC Wage Orders should be interpreted. This post discusses only rest break laws under...
by Alexei Kuchinsky, Esq | Apr 15, 2012 | Meal and Rest Periods, New Case Law
In a long-anticipated decision Brinker vs. Superior Court (April 2012), the California Supreme Court finally clarified the interpretation of Labor Code section 512 establishing employers’ obligation to provide meal breaks to their employees. The main holding of the...
