FREE CONSULTATIONS:

888.465.5110

NO FEE UNLESS YOU WIN

DIRECTV, Inc. v. Imburgia Provides One More Reason Employees Should Speak to an Employment Law Attorney

A recent Supreme Court decision, DIRECTV, Inc. v. Imburgia, provides one more reason employees should consult with an employment law attorney. Imburgia concerned whether the employee and employer had agreed to arbitrate disputes. At issue was whether the Federal Arbitration Act preempted California law.

This should have been an easy case. The agreement at issue contained a clause that provided the arbitration agreement was unenforceable, if the “law of your state” made arbitration agreements containing class-action waivers unenforceable. The law of California at the time the agreement was entered into made arbitration agreements containing class-action waivers unenforceable. Therefore, argued the employee, the arbitration agreement was unenforceable.

The employee’s argument is valid, the premises sound. But the Supreme Court rejected the employee’s argument. The majority reasoned that, although at the time the agreement was made California law said that arbitration agreements containing class action waivers were unenforceable, nonetheless, after the Imburgia plaintiffs began this lawsuit, and before the Imburgia decision, came Concepcion. Concepcion held that federal law pre-empted state law, which in turn meant California law governing class-action waivers was pre-empted. In other words, the arbitration agreement was unenforceable at formation, but became enforceable four years later on account of the decision in Concepcion, a decision neither party could have predicted at the time of entering into the agreement.

For employees, this case means arbitration agreements create moving targets because, as here, the law could change during the course of your employment. The Supreme Court has therefore made one more reason for employees to consult an attorney because your legal rights can change as the laws related to your workplace develop.

[footer block_id=’778′]

Read more

Postmates pays $8.75 million to settle worker misclassification lawsuit

California courts have been dealing with a growing number of worker misclassification cases that have resulted from the expansion of the gig economy. In one such lawsuit, a federal judge recently approved…

READ ARTICLE

Misclassified property workers awarded $2 million in overtime lawsuit

A recent case serves as an important reminder about the protections that California labor laws provide to workers. Employers can be liable if they misclassify their workers and fail to comply with…

READ ARTICLE
Venture capital firm co-founder resigns amid sexual harassment scandal

Venture capital firm co-founder resigns amid sexual harassment scandal

Silicon Valley has recently been hit by a series of complaints about inappropriate behavior in the workplace. Not long ago, Uber CEO Travis Kalanick stepped down amid allegations of sexual harassment within…

READ ARTICLE
San Francisco attorney wins $2 million in whistleblower lawsuit against city

San Francisco attorney wins $2 million in whistleblower lawsuit against city

A former deputy city attorney won a wrongful termination and whistleblower lawsuit against the city of San Francisco. The San Francisco Superior Court jury awarded Joanna Hoeper over $2 million for lost…

READ ARTICLE
SEEN ON
bloomberg
sfgate
kpix
cnnmoney
marin-ij
dailypost
news10