Employment Law This Week®: FAA Arguably Preempts California Law, New CA Employment Laws for 2020, CA Consumer Privacy Act Amended
The retroactive application of Dynamex may permit a Grubhub driver’s suit alleging he was misclassified as an independent contractor, according to a new decision from the U.S. Court of Appeals for the Ninth Circuit....more
In a rare victory for employers, a California Court of Appeal in Wilson v. The La Jolla Group, 2021 WL 940283 (3/12/2021) affirmed the trial court’s denial of class certification of independent contractors’ wage and hour...more
On Thursday, the California Supreme Court ruled that California’s “ABC” test for determining independent contractor status applies retroactively. As a result, employers may be held to a standard not even in effect at the time...more
Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5, a landmark piece of legislation governing their relationships with independent contractors, took effect on...more
It is no secret that independent contractor misclassification claims are being filed against employers with a great deal of frequency, often as class actions and often in California. Many of those lawsuits have been filed...more
On Wednesday, January 15, 2020, the California Supreme Court agreed to review a second case raising questions as to the scope and retroactivity of its landmark 2018 Dynamex decision....more
The fight over the scope of the “ABC test” for determining the status of workers under California state law continues unabated. A series of court filings last week suggests that state and local officials may be gearing up to...more
In the wake of California’s enactment of Assembly Bill (AB) 5—legislation that threatens to reclassify 2 million California independent contractors as “employees” under California labor and employment laws—legal questions...more
In his first year in office, California Governor Gavin Newsom signed several laws impacting California employers. A summary of some of the key new laws follows. The effective date of the particular new law is indicated in the...more
On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill 5 (AB 5), a bill that will dramatically alter whether, and under what circumstances, businesses may classify workers as independent contractors...more
In its 2018 decision in Dynamex Operations West v. Superior Court of Los Angeles County, the California Supreme Court upended decades of precedent by setting out a new, stringent, three-factor test to determine proper worker...more