As business owners and members of the labor and employment law community know all too well, California’s AB 5 went into effect on January 1 of this year. The law imposed the “ABC test” for determining whether a worker should...more
Sending a shot across the bow of the gig economy, New Jersey is seeking nearly $650 million from Uber for “years of unpaid employment taxes for its drivers, arguing that the ride-hailing company has misclassified the workers...more
A psychologist retained by the Times testified this week that Mr. Simers scored “very high” for paranoia on the Minnesota Multiphasic Personality Inventory. His test results showed that he was “overly sensitive to criticism,”...more
This month’s headline development are the seismic decisions, issued on August 27, 2014 by the U.S. Court of Appeals for the Ninth Circuit, concluding as a matter of law that FedEx Ground had misclassified over 2,300 drivers...more
California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims - Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in...more
In Ayala v. Antelope Valley Newspapers, the California Supreme Court held that the proper test for determining whether newspaper carriers could proceed as a class on the issue of their employment status was the employer’s...more
In its first employment-related class certification decision since its seminal ruling in Duran v. U.S. Bank, the California Supreme Court, in a fragmented opinion, reversed the denial of class certification for a group of...more
In Ayala v. Antelope Valley Newspapers, Inc., the California Supreme Court set forth the legal standard for determining whether independent contractor misclassification claims can be brought on a classwide basis, or must be...more
On June 30, 2014, the California Supreme Court issued a decision addressing how trial courts should determine the appropriateness of class certification in cases where workers claim they were improperly classified as...more