Drug Testing in the California Workplace

If you are considering requiring your employees or prospective employees to submit to workplace drug and alcohol testing, you would be well advised to know how far your rights as an employer extend under both federal and California law. Drug testing in California At the state level, the California Constitution guarantees a right to privacy…

Arbitration Clauses Continue to Preempt Court Proceedings

In the recent case of McGill vs. Citibank, when a dispute arose between a consumer and her credit card company regarding the application of certain credits on her charge account, the Plaintiff, Sharon McGill, sued Citibank under the theory of unfair competition and false advertising. She also sought an injunction to compel Citibank to cease from engaging in the conduct of which she complained.Citibank wanted to arbitrate the claim, which of course is a form of alternative dispute resolution that takes place outside of the courtroom setting. Arbitration can be binding (meaning the decision is

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