ARBITRATION:
Pearson Dental Supplies v. Super. Ct., 166 Cal. App. 4th 471 (2008), review granted, Nov. 19, 2008.
(1) What standard of judicial review applies to an arbitrator’s decision on an employee’s anti-discrimination claim under the Fair Employment and Housing Act (FEHA, Cal. Gov’t Code § 12900 et. Seq.) that is arbitrated pursuant to a mandatory employment arbitration agreement?
(2) Can such a mandatory arbitration agreement restrict an employee from seeking administrative remedies for violations of the Act?
ATTORNEYS’ FEES:
Vasquez v. State of Cal., 154 Cal. App. 4th 406 (2007), review granted, 65 Cal. Rptr. 3d 73 (2007). S156793/D048371.
(1) Does the rule that, in order to receive attorneys fees under Cal. Code Civ. Proc. § 1021.5, the plaintiff must first reasonably attempt to settle the matter short of litigation, apply to this case? (See Graham v. Daimler Chrysler Corp., 34 Cal. 4th 553, 55 (2004); Grimsley v. Bd. Of Supervisors, 169 Cal. App. 3d 960, 966-67 (1985)).
Chavez v. City of Los Angeles, 160 Cal. App. 4th (2008), review granted, 72 Cal. Rptr. 3d 783 (2008).
(1) Whether on a modest recovery by the prevailing party under the Fair Employment Housing Act, the court may exercise its discretion under Cal. Code. Civ. Proc. § 1033(a) to deny fees as costs under § 1033.5(a)(10)(B).
CLASS ACTION:
Arias v. Super. Ct., 153 Cal. App. 4th 777 (2007), review granted, 63 Cal. Rptr. 3d 272 (2007).
(1) Must an employee who is suing an employer for labor law violations on behalf of himself and others under the Unfair Competition Law (Cal. Bus. & Prof. Code § 17203) bring his representative claims as a class action?
(2) Must an employee who is pursuing such claims under the Private Attorneys General Act (Cal. Lab. Code § 2699) bring them as a class action?
COMPENSATION:
Schachter v. Citigroup, Inc., 159 Cal. App. 4th 10 (2008), review granted, 70 Cal. Rptr. 3d 776 (2008). S161385/B193713.
(1) Whether the forfeiture provisions of a voluntary incentive compensation plan violate Labor Code sections 201 and 202, which require an employer to pay its employee all earned but unpaid compensation following the employee’s discharge or his or her voluntary termination of employment.