Atkinson, Andelson, Loya, Ruud & Romo attorneys are often asked to share their insights, opinions and ideas about the latest issues affecting our clients’ industries and organizations. Here, you will find updated content from the AALRR team about current developments and trends in labor and employment law.

  1. November 9, 2017

    One-Sided Arbitration Agreement Held Invalid

    BY: Ronald W. Novotny, Jonathan Judge

    What kinds of provisions in arbitration agreements will cause the courts to invalidate them?  The Court of Appeal in the recent case of Baxter v. Genworth North America Corporation analyzed and rejected several of them, in upholding the denial of a motion to compel arbitration of an employee’s wrongful termination and discrimination claims.  Baxter v. […] more

  2. November 1, 2017

    Employer Held Potentially Liable for Failure to Prevent Sexual Assault

    BY: Ronald W. Novotny

    When can an employer be liable for failing to prevent a sexual assault or rape of an employee?  The California Court of Appeal in the recent case of M.F. v. Pacific Pearl Hotel Management, LLC (D070150, FOURTH APPELLATE DISTRICT, DIVISION ONE, 10/26/17), helped provide some answers to this question. The plaintiff in the case worked […] more

  3. July 6, 2016

    California Court of Appeal Upholds Arbitration Agreement Despite Employee’s Refusal to Sign It

    BY: Ronald W. Novotny

    One problem that employers frequently confront when seeking to compel arbitration of employee claims is the employee’s failure to have signed the arbitration agreement.  In the recent case of Harris v. TAP Worldwide, LLC, however, a California appellate court held that this is not an impediment to the enforcement of such an agreement when the […] more

  4. June 1, 2015

    Court Compels Arbitration Of Federal Claims Based On “Knowing Agreement” To Arbitrate

    BY: Ronald W. Novotny

    The state and federal courts in California continue to closely scrutinize employment arbitration agreements even though they remain a favored means of resolving disputes.  This was evident in the recent case of Ashbey v. Archstone Property Management, in which the U.S. Court of Appeals for the Ninth Circuit held that an employee effectively waived his […] more

  5. September 11, 2014

    California Court of Appeal Upholds Requirement of Fitness for Duty Exam

    BY: Ronald W. Novotny

    On September 2, 2014, a California appellate court upheld an order requiring a college math professor to undergo a “fitness for duty examination” (“FFD”) based on behavior that his colleagues considered erratic and threatening in nature.  The court also rebuffed the efforts of the professor’s attorneys to interject themselves into the workplace dispute by placing […] more