California Court of Appeals Finds Arbitration Agreement Procedurally and Substantively Unconscionable

-

On 11/20/24, the California Court of Appeals issued a decision in Jenkins v. Dermatology Mgmt., LLC, in which it held that an arbitration agreement was procedurally and substantively unconscionable where the employer representative signed the agreement before the employee was ever provided the agreement (thus a "take it or leave it" condition of employment, and the agreement required the employee but not her employer to arbitrate claims, the agreement shortened the limitations period to one (1) year, the agreement imposed unreasonable restrictions on discovery, and the agreement required the parties to equally share the arbitrator's fees and costs:

https://www4.courts.ca.gov/opinions/documents/B333759.PDF

Popular posts from this blog

National Labor Relations Board's (NLRB) DEI Program Issues "Inclusive Writing Guide"

-
 On 1/7/25, the National Labor Relations Board instituted an "Inclusive Writing Guide" for NLRB employees  to follow internally and externally, as part of the NLRB's Diversity, Equity, Inclusion and Accessibility Program. In the "Inclusive Writing Guide," the NLRB advises that "disability" should be used instead of the word "handicap," and that the words "deficit," "defect," "abnormality," "problem," and "normal," should not be used. The "Inclusive Writing Guide" further advises that the definition of "person of color" or "POC" notes that this term should be used instead of "racial minorities" and includes "all non-White races."  The "Inclusive Writing Guide" further notes that "[a]lmost everyone has personal gender pronouns" and cautions against "deadnaming": https://www.nlrb.gov/sites/default/files/attachments/pa...
Read more

U.S. Equal Employment Opportunity Commission (EEOC)'s San Francisco District Appoints U.C. San Diego Alumni As Director

-
On 1/13/25, the  U.S. Equal Employment Opportunity Commission (EEOC) a ppointed  Christopher Green as  director of the agency’s San Francisco District.  Green previously worked  as a director in the agency’s Albuquerque and San Diego local offices. He began his career at the EEOC as an investigator in the Oakland office, where he worked for six years. Since 2020, he also served as lead instructor for the EEOC’s national investigator training program: https://www.eeoc.gov/newsroom/christopher-green-appointed-director-eeocs-san-francisco-district
Read more