3 Cheers for Cheerleaders

Cheers for Cheerleaders: California has added labor code 2754 that now makes "cheerleaders" of a California based "professional sports team" an employee (and no longer an independent contractor). As an employee, cheerleaders have more rights and protections under labor code, unemployment insurance code, and FEHA. For more information, contact Campano Law Group at 661-945-5300 or via email at acampano@campanolaw.com

Employers cannot change arbitration agreement after complaint made by employee.

In a recent case, the California Appellate Court ruled that an arbitation agreement between an employer and employee cannot be modified after the employer believes the employer may file a lawsuit, even if the arbitration agreement expressly allows the employer to modify the arbitration agreement. The Court held that allowing the employer to make changes to its arbitration agreement after the employer learns of a complaint by its employee makes the agreement illusory, and thus unenforceable. As the Court stated, ..."Were it otherwise, the employer could amend the contract in anticipation of a specific claim, altering the arbitration process to the employee‘s detriment and making it more likely the employer would prevail." See Amir Peleg v Neiman Marcus Group, Inc.

(by Attorney Angelo F. Campano at acampano@campanolaw.com)