Employment Law This Week®: FAA Arguably Preempts California Law, New CA Employment Laws for 2020, CA Consumer Privacy Act Amended
For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more
Assembly Bill 5 regulates economic activity and not speech, the U.S. Circuit Court of Appeals for the Ninth Circuit recently held, affirming dismissal of a suit brought by freelance writers and photographers challenging the...more
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
The Ninth Circuit Court of Appeals, in California Trucking Association v. Bonta, has reversed the preliminary injunction staying enforcement of AB 5 (now Labor Code § 2775). ...more
Independent contractors, meal periods, and PAGA. The first quarter of 2021 yielded some key rulings from the California appellate courts on independent contractor classification, meal-period rounding, and arbitration of...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 January 14, 2021, the California Supreme Court held that the “ABC Test” for classifying workers as independent contractors applies retroactively. The high court first articulated this standard, which makes it tougher for...more
It was quite a week for the gig economy in California. This is the second of a two-part update; last week we reported on a union- and driver-led California Supreme Court challenge to Proposition 22, the November 2020 voter...more
On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior...more
The California Supreme Court in Vazquez v. Jan-Pro Franchising International, Inc. ruled on Jan. 14, 2021, that its decision in Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018) (Dynamex), applies...more
On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more
On January 14, 2021, the California Supreme Court held that the ABC Test, as articulated in Dynamex, applies retroactively to claims under California’s Industrial Welfare Commission Wage Orders....more
Since April 2018, when the California Supreme Court issued its Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018) decision, which radically changed the way in which courts differentiated between an...more
From a ballot measure in California, to a court decision in Massachusetts, to federal regulations proposed by the Department of Labor, several recent developments could impact whether a franchisor’s independent franchisees...more
The ramifications of the US elections will continue to play out over the coming weeks and months, but the passage of Proposition 22 in California is a clear electoral consequence in the field of employment law. What it...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
Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5 (“AB 5”), a landmark piece of legislation governing their relationships with independent contractors, took...more
Introduction: On May 5, 2020, California Attorney General Xavier Becerra and the city attorneys of San Francisco, Los Angeles, and San Diego filed a lawsuit in San Francisco Superior Court against Uber and Lyft for allegedly...more
For those of you who may have been wondering whether the California Attorney General’s office was still open during the statewide stay-at-home order triggered by the coronavirus, the answer is yes – as evidenced by a...more
After reviewing the 2,203 pieces of proposed legislation introduced in the California legislature by the February 21 deadline, it’s obvious that one issue will dominate debate in the 2020 session: the continued fallout from...more
As we recently wrote here, Uber and Postmates (and two of their drivers) to file an eleventh-hour lawsuit seeking to enjoin the enforcement of California’s controversial new independent contractor law – known as AB 5 –...more
As we have written here, the day before California’s controversial AB 5 was set to go into effect, U.S. District Court Judge Roger Benitez issued a temporary restraining order to block enforcement of the law as to...more
The battle over the scope and applicability of the so-called “ABC test” in determining California employers’ potential liability under wage and hour and other state labor laws continues unabated....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
Seyfarth Synopsis: A federal court has granted a preliminary injunction blocking the State of California from enforcing AB 5 against motor carriers. The court provided a fulsome analysis demonstrating that the Federal...more