July 23, 2014

Is Jacob To Laban As Weiner Is To The Original Talk Radio Network? An Arbitration Ruling

Jacob was in love with Rachel, but he had a problem.  What could he offer Rachel’s father, Laban, for her hand?  Not having much, he offered to work for seven years.  Laban seemed to find this acceptable, but when the seven years service was completed, he tricked Jacob into marrying Leah instead.  Jacob was allowed to marry Rachel, but had to work another seven years to pay off Laban for the privilege.

One explanation for Laban’s chicanery might be that as paterfamilias he simply wanted Leah to be wed before her younger sister.  I’m wondering, however, whether this wasn’t an elaborate scheme on the part of Laban to avoid a legal limit on the term of personal services contracts.  Perhaps, ancient Haran had a law similar to California Labor Code Section 2855 which provides that a contract to render personal service, may not be enforced against the employee beyond seven years from the commencement of service under it.  (The statute makes an explicit exceptions for contracts of apprenticeship as provided in Chapter 4 of the Labor Code and for any employee who is a party to a contract to render personal service in the production of phonorecords in which sounds are first fixed, as defined in 17 U.S.C. Section 101.)

This brings me to Dr. Michael A. Weiner of talk radio fame.  Never heard of Dr. Weiner?  He is professionally known as Michael Savage and he is the star of the eponymous “The Michael Savage Show”.   In a ruling handed down last week, Judge Yvonne Gonzalez Rogers upheld an arbitration award in favor of Dr. Weiner and against the syndicator of his program.  Weiner v. Original Talk Radio Network,  2013 U.S. Dist. LEXIS 63083 (N. D. Cal., May 2, 2013)  Although the ruling involves the standard for judicial review of arbitration awards, one large bone of contention in the arbitration appears to have been the applicability of Labor Code Section 2855.

© 2010-2014 Allen Matkins Leck Gamble Mallory & Natsis LLP

About the Author

Keith Paul Bishop, Business Attorney, Allen Matkins Law Firm

Keith Paul Bishop is a partner in Allen Matkins' Corporate and Securities practice group, and works out of the Orange County office. He represents clients in a wide range of corporate transactions, including public and private securities offerings of debt and equity, mergers and acquisitions, proxy contests and tender offers, corporate governance matters and federal and state securities laws (including the Sarbanes-Oxley Act of 2002 and the Dodd-Frank Act), investment adviser, financial services regulation, and California administrative law. He regularly advises clients on compliance,...


Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.