News & Analysis as of

Private Attorneys General Act (PAGA) Wage and Hour ABC Test

Payne & Fears

Key California Employment Law Cases: April 2022

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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

Farella Braun + Martel LLP

New California Employment Laws in 2022

The California Legislature passed and Governor Newsom signed several new or amended employment laws covering topics ranging from non-disparagement and separation agreements, the California Family Rights Act, and warehouse...more

Manatt, Phelps & Phillips, LLP

Driver’s Misclassification Suit Gets New Life From Ninth Circuit

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

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Reversed Grubhub’s Victory on Independent Contractor Classification in Light of the Retroactive Application of...

On Monday, the Ninth Circuit vacated a judgment for Grubhub, Inc. and against a former food delivery driver, Raef Lawson, who claimed that he was misclassified as an independent contractor when he performed food delivery...more

Constangy, Brooks, Smith & Prophete, LLP

California Employment Roundup: Q1 2021

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

Proskauer - California Employment Law

California Employment Law Notes - March 2021

Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims - Choochagi v. Barracuda Networks, Inc., 60 Cal. App. 5th 444 (2021) - George Choochagi worked as a technical support manager for...more

Locke Lord LLP

When It Rains It Pours – Electric Scooter Company Target of Multiple Lawsuits: February 2020 Update

Locke Lord LLP on

Micro-mobility company Lime, which provides electric scooter and bike sharing to customers through its mobile app, has been targeted by plaintiffs’ lawyers in class action and representative lawsuits attacking one of the core...more

Stokes Wagner

California Supreme Court Holds Dynamex ABC Test Applies Retroactively

Stokes Wagner on

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

Locke Lord LLP

Oil and Gas, Cable, Shopping, Pet Sitting, and Shipping Companies Lose Ground in Independent Contractor Misclassification Cases:...

Locke Lord LLP on

In October, a diverse group of industries experienced adverse court rulings defending independent contractor classification class and collective action cases. Two cases involved courts granting conditional certification of...more

Locke Lord LLP

January 2020 Independent Contractor Misclassification and Compliance Law News Update 

Locke Lord LLP on

While selected states are in the midst of trying to crack down on independent contractor misclassification, the federal government is trying to clear a path and clarify the tests for independent contractor status under...more

Proskauer - California Employment Law

California Employment Law Notes - November 2019

Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners - Hawkins v. City of Los Angeles, 40 Cal. App. 5th 384 (2019) - Todd Hawkins and Hyung Kim were terminated from their jobs as...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - October 2019

Supreme Court Declines to Weigh In on Website Accessibility - In a closely watched case that many hoped would bring some clarity—and sanity—to the subject of website accessibility under the Americans with Disabilities Act,...more

Dorsey & Whitney LLP

What do Employer’s Need to Know Following the Passage of California’s New Law on Independent Contractor Misclassification?

Dorsey & Whitney LLP on

On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California Unemployment Insurance Code,...more

Wilson Sonsini Goodrich & Rosati

California Has Now Enacted Controversial Law Making Use of Independent Contractors Harder: What Should Employers Do in Response?

As expected, California's governor has signed off on AB 5, a law making it harder for most employers to classify workers as independent contractors. The legislation will have sweeping ramifications for California employers...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

How Much Will AB 5 Really Change California Law?

The answer is not as much as you may think. Much of the recent media coverage of California’s Assembly Bill 5 (AB 5) suggests that the bill represents a sea change in California law with respect to the classification of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court Delivers Trucking Company a Meal/Rest Break Win and Limits the Application of the ABC Test

The U.S. District Court for the Eastern District of California recently ruled in an employment class action regarding misclassification of trucking industry owner-operators as independent contractors. The ruling is a win for...more

Payne & Fears

Key California Employment Law Cases: October 2018

Payne & Fears on

This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage and hour violations....more

Wilson Sonsini Goodrich & Rosati

California Supreme Court Makes Classifying Workers as Independent Contractors More Difficult

California's Supreme Court has issued a decision making it harder for companies to classify California workers as independent contractors. In Dynamex Operations West, Inc. v. Superior Court, the court adopted a broad...more

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