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Paul Zimmerman

Showing 2 posts from July 2012.

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California Court Says Franchisor Can Be Liable for Employment Claims of Franchisee's Employees

Franchise agreements are designed to spell out the responsibilities of the franchisee and franchisor, and typically all liability for employment claims is put squarely on the shoulders of the franchisee. A recent California Court of Appeal opinion, Patterson v. Domino’s Pizza, may change that balance. (Read More)

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Significant Victory for California Employers on Arbitration

In California, Courts traditionally rejected enforcement of binding arbitration provisions where the effect would be to preclude class arbitrations. However, last year’s U.S. Supreme Court decision in AT&T Mobility LLC v. Concepcion held that the Federal Arbitration Act pre-empts California’s rule against waiving class action rights in consumer arbitration contracts, and holding that a binding arbitration is enforceable, even if it precludes a class action. (Read More)