The Adolph v. Uber Ruling Thwarts The U.S. Supreme Court’s Landmark Viking Decision -
In a widely anticipated but unsurprising ruling, the California Supreme Court on July 17, 2023 issued its decision in Adolph v. Uber...more
The California Court of Appeal issued a landmark decision on September 9, 2021, upholding a trial court’s striking (dismissing) of a PAGA lawsuit because Plaintiff could not establish that trial of the matter would be...more
As more workers begin to return to the workplace, it is expected that there will be an increase in the number of lawsuits related to employee contraction of the virus in the workplace. While the general rule in most states is...more
In a surprising decision, the California Supreme Court has ruled that Plaintiffs in Private Attorney General Act (PAGA) cases cannot recover for their own or their fellow employees’ unpaid wages, but instead are limited to...more
9/25/2019
/ Arbitration ,
CA Supreme Court ,
Civil Monetary Penalty ,
Class Action ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Iskanian ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
On April 30, 2018, the California Supreme Court issued a landmark decision in Dynamex Operations West v. Superior Court, No. S222732, in which the Court chose to essentially scrap the nearly 30-year old test for determining...more
10/25/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On April 30, 2018, the California Supreme Court issued a landmark decision in Dynamex Operations West v. Superior Court, No. S222732, in which the Court chose to essentially scrap the nearly 30-year old test for determining...more
6/27/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Health Care Providers ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Physicians ,
Popular ,
State and Local Government ,
State Labor Laws ,
Tax Planning ,
Wage and Hour
Dynamex Operations West. v. Superior Court (April 30, 2018) -
Earlier this week, the California Supreme Court issued a landmark decision in Dynamex Operations West v. Superior Court, No. S222732, in which the Court chose...more
5/4/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees -
On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract...more
12/6/2016
/ Acquisitions ,
Choice-of-Law ,
Department of Labor (DOL) ,
Domestic Violence ,
Due Diligence ,
EEO-1 ,
Employee Restrooms ,
Employment Contract ,
Employment Discrimination ,
Fair Pay Act ,
Hospitality Industry ,
Hostile Environment ,
Hotels ,
Human Resources Professionals ,
Minimum Wage ,
Notice Requirements ,
Out-of-State Companies ,
Paid Sick Leave Act ,
Preliminary Injunctions ,
Private Attorneys General Act (PAGA) ,
Property Tax ,
Real Estate Transfers ,
Stalking ,
Title VII ,
Unfair Immigration-Related Practices ,
Wage Statements ,
White-Collar Exemptions
There Ought to be a Law: Consider This Alternative To Litigation -
Government is becoming more intrusive. At the state and federal levels, a host of agencies and departments continuously create new rules for us to live...more
8/19/2016
/ Attorney's Fees ,
Chapter 11 ,
Commercial Bankruptcy ,
Copyright Infringement ,
Employer Liability Issues ,
Good Faith ,
Independent Contractors ,
Kirtsaeng v. John Wiley & Sons ,
Lobbyists ,
Misclassification ,
Open Meetings Act ,
Rescission ,
SCOTUS ,
Statute of Limitations ,
Truth in Lending Act (TILA)
The traditional working classification of independent contractor, as we have known it, may soon go the way of the dinosaur, the horseless carriage, and the telegraph. Although perhaps your gardener, pool man or family...more
In This Issue:
- Update on Developments in California Drone Law
- One Community Gets Relief from Aircraft Noise
- California Once Again Relinquishes Clean Air Act Enforcement Responsibility to the...more
12/18/2014
/ Aircraft ,
Airlines ,
Aviation Industry ,
Clean Air Act ,
Commercial Truck Drivers ,
Drones ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Federal Aviation Administration (FAA) ,
Federal Jurisdiction ,
Law Enforcement ,
NTSB ,
Pirker ,
Search Warrant ,
Takings Clause ,
Trucking Industry ,
Unmanned Aircraft Systems ,
Wage and Hour
With the use of more than a few pens, the Governor of California has enacted more than 50 new laws related to employment, some of which affect all employers, and others that affect only specific industries. Unfortunately for...more
12/17/2014
/ Arbitration ,
Arbitration Agreements ,
Discrimination ,
Employer Liability Issues ,
Foreign Workers ,
Internships ,
Medical Leave ,
Minimum Wage ,
OSHA ,
Paid Leave ,
Sick Leave ,
Staffing Agencies ,
Unpaid Interns ,
Wage and Hour ,
Wages ,
Workplace Violence