Thursday, October 05, 2006

You Can't Talk and Drive

From HR CaliforniaExtra:

"Governor Schwarzenegger has signed Senate Bill 1613, making hand-held cell phone use while driving illegal. The bill takes effect July 1, 2008. Those caught talking on a hand-held cell phone while driving will be fined up to $50 per violation. Hands-free devices are permitted.

The new law does not apply to individuals using a cell phone to contact a law enforcement or public safety agency for emergency purposes, or to emergency services professional while operating an authorized emergency vehicle."

Final Means Final:

"Binding arbitration as a means to resolve disputes can save considerable time and money, but there' a cost - unlike the litigation process, the parties have to live with the decision, with limited chance for appeal. This reinforces a key feature of the arbitration process - that the parties accept the outcome as final, even if they disagree with the outcome. In a recent California Court of Appeal case, an employer tried to have the court overturn an arbitrator's finding that a class action was appropriate, even though the arbitration agreement did not authorize class action cases. The court refused, because in order to determine whether the result was appropriate, it would have had to analyze the arbitrator's reasoning, which is prohibited by California law.
The general rule says an arbitrator's decision cannot be reviewed for errors in fact or law. A court's review is limited to determining whether, without looking at any evidence or legal analysis, the arbitrator acted within the authority granted in the arbitration agreement. A court may only correct an arbitrator's findings by examining whether the arbitrator acted within the scope of the agreement itself. Any further analysis by a court is not authorized under California law. Cable Connection Inc. v. DIRECTV Inc. 2006 Cal. App. LEXIS 1462 (Cal. Ct. App. September 22, 2006)."

No comments: