Labor and Employment Law

Ca. Labor & Emp't Rev. March 2020, Volume 34, No. 2

OTO, L.L.C. v. Kho: Employee’s Perspective

By David A. Rosenfeld

David Rosenfeld received his law degree in 1973 from Berkeley Law, where he developed his interest in labor law. He is a partner with Weinberg, Roger & Rosenfeld, which has offices statewide. He has taught various courses at Berkeley Law since 2005, when he developed a seminar entitled "Representing Low Wage Workers." He is a co-author of California Workers Rights, published by the Institute for Research on Labor and Employment at U.C. Berkeley. Mr. Rosenfeld was counsel for the defendant and respondent Ken Kho, and argued the case to the California Supreme Court.


On August 29, 2019, the California Supreme Court decided OTO, L.L.C. v. Kho ("OTO").1 It is the third of three cases2 decided by that court dealing with the relationship between arbitration and the Berman hearing process.3

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