March 2019 employment law decisions
A case with one representative claim cannot be forced into arbitration.
March 28, 2019, Second District Court of Appeal, Arthur Zakaryan v. The Men’s Wearhouse, Inc.: a case based on one representative (Private Attorney General Act of 2004) claim cannot be split and sent to two different fora, i.e. one part remains in court and one part goes to arbitration.
Religious organizations are exempt from all claims under federal employment discrimination law (Title VII).
March 18, 2019, Ninth Circuit Court of Appeals, Ann Garcia v. Salvation Army: the Salvation Army is exempt from the federal employment discrimination law (Title VII) under the religious organization exception for hiring and firing decisions as well as retaliation and hostile work environment claims.
Ministerial exception does not bar preschool teachers at Jewish synagogue from pursuing claims against their employer.
March 8, 2019, Second District Court of Appeal, Julie Su v. Stephen S. Wise Temple: preschool teachers at a Jewish synagogue may pursue wage and hour claims against their employer because the “ministerial” exception does not apply.