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California Supreme Court to Address Rounding of Employee Time

This past month, the California Supreme Court granted a petition to review the Court of Appeal’s decision in Camp v. Home Depot U.S.A., Inc. As we wrote about previously, the Court of Appeal in Camp departed from a...more

California Supreme Court Adopts Employee-Friendly Test for Whistleblower Retaliation Claims

The California Supreme Court has held that the standard for assessing whistleblower retaliation claims under California Labor Code section 1102.5 is not the McDonnell Douglas test, but the more plaintiff-friendly standard...more

California Judge Enjoins Proposition 22 as Unconstitutional in Classifying App-Based Drivers as Independent Contractors

In November 2020, California voters passed a ballot initiative, Proposition 22, by an overwhelming majority. Proposition 22 exempts certain app-based drivers from the requirements of California’s Assembly Bill 5 (AB 5) by...more

California Appellate Court Decisions Impact Wage and Hour Actions

Two recent California appellate decisions will impact wage and hour class actions and representative actions. Donohue v. AMN Services, LLC - California law requires that employers “must generally provide employees with...more

California Rules 'ABC' Independent Contractor Test Applies Retroactively

In Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018), the California Supreme Court held that any individual who performs work for a person or entity is presumed to be an employee who falls within the...more

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