Summary: Good-faith dispute about employment status of freelancer who modeled in sporadic one- or two-day increments precluded imposition of waiting-time penalties pursuant to Labor Code section 203. ...more
5/17/2022
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Employee Definition ,
Employer Liability Issues ,
Independent Contractors ,
Joint Employers ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour
Scalia v. Employer Solutions Staffing Group, LLC, 951 F.3d 1097 (9th Cir. 2020) -
Summary: Neither the Fair Labor Standards Act nor federal common law provide an employer with a right to seek contribution or...more
4/17/2020
/ Appeals ,
Background Checks ,
CA Supreme Court ,
Disclosure Requirements ,
Employee Privacy Rights ,
Employer Contributions ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
Federal Common Law ,
Hiring & Firing ,
Indemnification ,
Joint Employers ,
Labor Law Violations ,
New Hires ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Reversal ,
Standing
The Families First Coronavirus Response Act (“FFCRA”) sets a 500-employee threshold for purposes of the emergency paid sick leave and family medical leave expansion provisions. Many employers raise the question of whether...more
3/31/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
EFMLA ,
Employer Liability Issues ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Joint Employers ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Small Business Loans ,
Tax Credits ,
Threshold Requirements
On February 6, 2020, in a 2-1 decision, the California Court of Appeal (Fourth District, Division Two) held that an employee's settlement agreement with a staffing agency on a wage-and-hour claim does not necessarily preclude...more
2/11/2020
/ Appeals ,
Class Action ,
Contract Drafting ,
Employer Liability Issues ,
Hospitals ,
Joint Employers ,
Nurses ,
Privity of Contract ,
Reaffirmation ,
Release Agreements ,
Res Judicata ,
Rest and Meal Break ,
Settlement Agreements ,
Split of Authority ,
Staffing Agencies ,
Subsequent Litigation ,
Unpaid Overtime ,
Wage and Hour
Ever since the California Supreme Court issued its groundbreaking decision in Dynamex Operations W., Inc. v. Superior Ct., 4 Cal. 5th 903 (2018), we have been monitoring its application by the lower courts. On October 8,...more
10/16/2019
/ Appeals ,
CA Supreme Court ,
Dynamex ,
Employer Liability Issues ,
Independent Contractors ,
IWC ,
Joint Employers ,
Labor Law Violations ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour ,
Wage Orders