Hooper, Kearney and Macklin on Cutting Edge Topics in the False Claims Act
#WorkforceWednesday: New AB5 Exemptions, EEOC COVID-19 Updates, Joint-Employer Rule Partially Struck Down - Employment Law This Week®
Cette newsletter présente quatre décisions de jurisprudence rendues au cours des derniers mois: L’employeur peut utiliser le contenu de clés USB personnelles pour prouver une faute grave (Cass. soc., 25 septembre 2024,...more
This newsletter presents four case law decisions handed down over the past few months: The employer can use the content of personal USB drives to prove gross misconduct (Cass. soc., September 25, 2024, No. 23-13.992)...more
On the heels of the New York and FTC non-competition legislation (discussed here and here), Governor Newsom recently signed an amendment to California’s non-compete ban into law. The amendment, S.B. 699, takes effect on...more
In the words of Tom Cruise’s character Lt. Daniel Kaffee in A Few Good Men, “the hits keep on coming.” This quote crystallizes how California employers will undoubtedly feel following the California Supreme Court’s ruling in...more
California employers with 26 or more employees must now prepare to comply with a new supplemental COVID-19 paid sick leave law (“2022 COVID-SPSL”). ...more
On July 15, 2021, the California Supreme Court issued a decision that will increase dramatically California employers’ potential liability for missed meal, rest, and recovery breaks. In Ferra v. Loews Hollywood Hotel, LLC,...more
In Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018), the California Supreme Court held that any individual who performs work for a person or entity is presumed to be an employee who falls within the...more
On January 1, 2020, California’s new worker classification law known as Assembly Bill 5 (“AB 5”), goes into effect. AB 5 codifies the three-factor “ABC” test adopted by the California Supreme Court in its 2018 Dynamex...more
For a little over a year, California employers and courts have been wrestling with the impact of Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018), which dramatically altered the independent contractor...more
On September 18, 2019, California Governor Gavin Newsom signed into law a bill that attempts to settle some of the ambiguity that remained surrounding the California Supreme Court’s decision in Dynamex and its “ABC Test.”...more
On September 18, 2019, Governor Newsom signed Assembly Bill 5, thereby establishing a law that purports to prevent the misclassification of employees as independent contractors and provide “basic rights and protections they...more
It’s been a busy week on the Dynamex front, and the news for businesses continues to get worse. As we recently discussed, the 9th Circuit held just last week that Dynamex and the ABC test should be applied retroactively. The...more
Last year, the California Supreme Court decided Dynamex Operations West, Inc. v. Superior Court of Los Angeles, a landmark decision that dramatically increased the risk of misclassifying individuals as independent...more
The next shot has been fired in the long-running misclassification dispute between plaintiff Raef Lawson and gig economy giant Grubhub, as the company filed its Answering Brief with the 9th Circuit Court of Appeals late...more
The “ABC test” recently adopted by the California Supreme Court in the Dynamex Operations West, Inc. v. Superior Court case is now touted as the best way to make the distinction between an “exploited employee” and an...more
On May 13, 2015, the Court of Appeal, Second Appellate District, opined in Cynthia Lozano v. WCAB (B258000) that a 2009 amendment to Labor Code section 3212.1 may be applied retroactively to an injurious exposure which...more