Jackson Lewis: California District Court: Arbitration Agreement Unconscionable Where Employer Failed to Fully Translate it | Practical Law

Jackson Lewis: California District Court: Arbitration Agreement Unconscionable Where Employer Failed to Fully Translate it | Practical Law

This Law Firm Publication by Jackson Lewis P.C. discusses the recent California, Second Appellate District Court decision in Esteban H. Carmona et al. v. Lincoln Millennium Car Wash Inc. et al. In this case, current and former Spanish-speaking employees sued the car-wash employers alleging wage-and-hour violations. Their employers sought to compel arbitration. The court held that the arbitration agreement is unconscionable and the employer cannot compel arbitration when the employer failed to translate the entire employment agreement, including arbitration, confidentiality and enforceability provisions, into Spanish for its Spanish-speaking employees.

Jackson Lewis: California District Court: Arbitration Agreement Unconscionable Where Employer Failed to Fully Translate it

by Jackson Lewis P.C.
Published on 15 May 2014California, United States
This Law Firm Publication by Jackson Lewis P.C. discusses the recent California, Second Appellate District Court decision in Esteban H. Carmona et al. v. Lincoln Millennium Car Wash Inc. et al. In this case, current and former Spanish-speaking employees sued the car-wash employers alleging wage-and-hour violations. Their employers sought to compel arbitration. The court held that the arbitration agreement is unconscionable and the employer cannot compel arbitration when the employer failed to translate the entire employment agreement, including arbitration, confidentiality and enforceability provisions, into Spanish for its Spanish-speaking employees.