I'm 0 for infinity predicting California Supreme Court outcomes, but I do not think they will leave the Gentry case undisturbed. California Wage Law has a rundown of the oral arguments, and a prediction, here.
Just a thought: Circuit City has been very aggressive in pushing the limits in employment law, and has taken many cases the distance. Has this, in the end, had a bottom line--or even any non-monetary tangible benefit--effect for them?
Personally, I do not think much of arbitration as a forum for employment claims. I understand many people see it as some kind of way of deterring cases from even appearing, but I'm not sure that captures the psychology of the typical plaintiff.
Anyway, I agree with Wage Law, except I'm not even sure it will be a split decision. I'm not sure how the dynamics of the FLSA (opt-in) would play into this, but in California, I cannot see how this will not be held unconscionable in both ways.
Comments