As "Joint Employer", Company To Which An Employee Was Assigned Could Take Advantage Of Arbitration Clause In Employee's Contract With Temporary Staffing Agency That Assigned The Employee To The Company.
I am happy to report that Garcia v. Pexco, LLC, G052872 (4/3 5/16/17), an opinion I posted about on April 26, 2017, when it was still unpublished, has now been published.
Why happy? At the time, I wrote about an interesting aspect of the case:
[W]hile the Court relies on existing case law to apply established rules of equitable estoppel and agency in order to require arbitration, the Court does not rely on any cases involving temporary staffing agencies that assign employees to other companies -- probably an increasingly common occurrence in our "gig economy" characterized by a lack of permanent employment. Alas, the case is unpublished as of this date.
Well, now the case is published.
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