201209.18
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Waiver of the Right to Arbitrate in California

On June 13, 2012, the California Court of Appeal in Hoover v. American Income Life Ins. Co., 206 Cal. App.4th 1193 (4th Dist. 2012) (“Hoover”) affirmed an order by the trial court denying arbitration on the grounds of waiver and Labor Code Section 229.  Although the case was noted for its holding with respect to…
201209.12
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Lawsuit Against In-N-Out Burgers for Discrimination Based on Race and/or Age

Class Action lawsuit filed against In-N-Out Burgers earlier this month alleges that the popular burger chain maintains hiring practices that discriminate on the basis of race, color, and/or age of the applicants.  Specifically, the complaint charges that the restaurant chain “systematically” denies employment opportunities to African-Americans and/or individuals over the age of forty (40) in…
201209.10
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Payment of Departing Employee’s Final Wages and Penalties for Failure to Pay Wages Upon Termination

As a plaintiff-side employment lawyer, one of the most common questions I encounter is about when an employee’s final wages are due after termination, and penalties associated with the late payment of wages.  This entry in intended to provide some general guidance in this regard. Under California Labor Code §201, “If an employer discharges an…