- The California Supreme Court held that time Apple employees spent waiting for and undergoing mandatory security inspections is compensable.
- The decision rejects the holding by some lower courts that if employees could...more
• On September 10, 2019, the California State Legislature passed AB 5, which codifies the “ABC test” in Dynamex Ops. West Inc. v. Superior Court, 4 Cal. 5th 903 (2018), for determining whether a worker is an employee or an...more
9/13/2019
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Misclassification ,
Pending Legislation ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
• In Vazquez v. Jan-Pro Franchising Int’l, Inc., the 9th Circuit held that a landmark California Supreme Court decision regarding independent contractors and employees applies retroactively.
• The 9th Circuit held that the...more
• The California Supreme Court recently held that an employee could not pursue contract and tort claims against a payroll service provider for unpaid wages.
• The Court found that (1) an employee was not a “third-party...more
2/13/2019
/ Breach of Contract ,
CA Supreme Court ,
Clerical Errors ,
Duty of Care ,
Employer Liability Issues ,
Negligence ,
Negligent Misrepresentation ,
Payroll Companies ,
Third-Party Beneficiaries ,
Unpaid Wages ,
Wage and Hour ,
Wage Orders
• The California Court of Appeal recently expanded the application of reporting time pay to certain types of “on-call” shifts.
• If an employer requires an employee to call in or otherwise contact the employer to find out...more
2/8/2019
/ Appeals ,
Call-In Pay ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
On-Call Employees ,
Reporting Requirements ,
Retailers ,
Wage and Hour ,
Wage Orders ,
Work Schedules
• In Dynamex Operations West, Inc. v. Superior Court, the California Supreme Court adopted a new standard for determining whether workers should be classified as employees or as independent contractors for purposes of the...more
5/4/2018
/ ABC Test ,
CA Supreme Court ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Labor Code ,
Misclassification ,
Wage and Hour ,
Wage Orders