- Written by Rebecca Hause-Schultz
AB 1897, signed into law in September 2014 and codified in Section 2810.3 of the Labor Code, provides that a client employer is strictly and jointly responsible for a labor contractor’s (1) failure to pay wages, and, (2) failure to secure valid workers’ compensation coverage for workers supplied by the labor contractor. There is no requirement under AB 1897 that the client employer be found to be a joint employer of the labor contractor’s workers. The passage of AB 1897 significantly impacted client employers in the agricultural industry, who frequently rely on farm labor contractors (“FLCs”) or vineyard management companies (“VMCs”) to provide them with necessary workers.
The Ninth Circuit Calls a False Start on The Finish Line’s Attempt to Compel Arbitration: Refuses to Enforce Arbitration Agreement
- Written by Jarred Lieber
In a recent decision, the Ninth Circuit refused to enforce an employer’s arbitration agreement, denying the employer’s request to force its former employee to arbitrate her claims against it. The plaintiff filed a lawsuit in the district court alleging that her employer, The Finish Line, violated the law by failing to provide reasonable accommodations of her pregnancy-related disabilities, and terminating her for requesting and taking pregnancy leave. The Finish Line asked the district court to order the parties to arbitrate the case pursuant to the arbitration agreement the plaintiff signed.
Despite the existence of a signed arbitration agreement, the district court denied The Finish Line’s request. The Employer appealed the decision to the Ninth Circuit, which upheld the district court’s order refusing to compel arbitration.