- A California district court has denied a preliminary injunction in a lawsuit brought by Uber and Postmates challenging the constitutionality of California’s new worker classification law, Assembly Bill 5 (“AB 5”), finding...more
2/12/2020
/ ABC Test ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Litigation ,
Equal Protection ,
Exempt-Employees ,
First Amendment ,
Fourteenth Amendment ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Likelihood of Success ,
Misclassification ,
Motor Carriers ,
Preemption ,
Preliminary Injunctions ,
Ridesharing ,
State Labor Laws ,
Trucking Industry
• Numerous new California laws going into effect on January 1, 2020, will impact employers and employees.
• The most significant laws include a new employee classification law, extension of the statute of limitations for...more
12/17/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
California Consumer Privacy Act (CCPA) ,
Data Collection ,
Data Privacy ,
DFEH ,
Employee Benefits ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Entertainment Industry ,
Exemptions ,
FEHA ,
Flexible Spending Accounts ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Lactation Accommodation ,
Mandatory Arbitration ,
Minimum Wage ,
Minors ,
Misclassification ,
New Legislation ,
No-Rehire Provisions ,
OSHA ,
Restraining Orders ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Unpaid Wages ,
Wage and Hour ,
Workplace Injury
• On September 12, 2019, in ZB, N.A. v. Superior Court (Lawson), Case No. S246711, the California Supreme Court held the Private Attorneys General Act (PAGA) does not allow recovery of unpaid wages under Labor Code Section...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
• The Ninth Circuit has withdrawn its May 2, 2019, opinion in Vazquez v. Jan-Pro Franchising Int’l, Inc., in which it held that the California Supreme Court’s Dynamex decision regarding independent contractors and employees...more
• 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
In this episode, partners and Akin Gump retail initiative co-leaders Gregory Knopp and Meredith Slawe discuss the retail sector, its promises and its pitfalls.
Among the topics covered:
• technological innovation in...more
3/21/2019
/ Best Practices ,
Brick-and-Mortar Stores ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Collective Actions ,
Consent ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Customer Information ,
Data Collection ,
Data Privacy ,
E-Commerce ,
Employer Liability Issues ,
Employment Litigation ,
Innovative Technology ,
Internet Retailers ,
Personally Identifiable Information ,
Retail Market ,
Retailers ,
Risk Management ,
State Labor Laws
• 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
• Class and collective action waivers in arbitration agreements are enforceable under the FAA and not prohibited by the NLRA.
• The NLRA concerns labor organizing and collective bargaining, but does not extend more...more
5/24/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
• 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
• The 9th Circuit has ruled that employers may not rely on prior salary, alone or in combination with other factors, to justify wage disparities under the Equal Pay Act.
• The 9th Circuit ruling does not address whether...more
• In Alvarado v. Dart Container Corp. of California, the California Supreme Court held that California law—unlike federal law—requires employers to calculate overtime by treating flat-sum bonuses as if they were earned during...more
• New California law prohibits employers from seeking or relying on applicants’ salary history information when making hiring and compensation decisions.
• The law also requires an employer to provide the pay scale for a...more
On June 7, 2017, the U.S. Department of Labor (DOL) announced that it was withdrawing its 2015 and 2016 Administrative Interpretations regarding independent contractors and joint employment. Both interpretations were designed...more
6/9/2017
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
Secretary of Labor ,
Staffing Agencies ,
Trump Administration
The Department of Labor (DOL) has released its final rule amending the executive, administrative, professional, and computer employee exemptions under the Fair Labor Standards Act (FLSA). The new rule, which goes into effect...more
If you read one thing...
- In Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership, the Ninth Circuit held that both federal and California law permit employer to round employees’ time punches to the...more
The dramatic drop in the price of oil is forcing many energy-related companies to reevaluate their operations and consider steps to trim their costs. With recent developments in the industry and predictions that low oil...more
If you read one thing...
- The Department of Labor’s Wage and Hour Division issued new guidance emphasizing the broad standards it will apply to determine whether an employer is a “joint employer” under the FLSA.
...more
If you read one thing...
- With 9th Circuit ruling, California federal courts no longer a potential channel for employers to enforce representative action waivers for PAGA claims...more
10/2/2015
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Labor Code ,
Misclassification ,
Private Attorneys General Act (PAGA) ,
SCOTUS
If you read one thing...
- California legislature has passed amendments to the California Fair Pay Act, which the Governor has said he will sign into law.
- The amendments expand protections against inequality...more
On July 15, 2015, the Department of Labor (DOL) issued an Administrator’s Interpretation (No. 2015-1) providing guidance on the classification of employees as independent contractors under the Fair Labor Standards Act (FLSA)....more
The Department of Labor (DOL) has announced a proposed rule that would amend the executive, administrative and professional exemptions under the Fair Labor Standards Act (FLSA). The exemptions exclude workers in such...more
The dramatic drop in the price of oil is forcing many energy-related companies to reevaluate their operations and consider steps to trim their costs. With predictions that low oil prices will extend well into 2016, such...more
On September 10, California Governor Jerry Brown signed bill A.B. 1522—officially known as the Healthy Workplaces, Healthy Families Act of 2014—requiring California employers to provide employees with at least three paid sick...more