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
1/19/2021
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour
On September 22, 2020, the Department of Labor (“DOL”) released a proposed rule providing a more employer-friendly interpretation of independent contractor status under the Fair Labor Standards Act.
The proposed rule...more
On September 8, 2020, the U.S. District Court for the Southern District of New York issued its opinion in New York v. Scalia et al., S.D.N.Y., No. 20-01689, vacating the Department of Labor’s (“DOL”) April 27, 2020 final rule...more
The Ninth Circuit ruled on October 1, 2019, that McDonald’s cannot be held liable for wage and hour violations allegedly committed by a franchisee in California because McDonald’s did not exert sufficient control over the...more
The National Labor Relations Board (“NLRB”) continued its recent wave of significant decisions on September 10, 2019, when it adopted a new standard for analyzing whether an employer’s unilateral change to terms of employment...more
After a busy eight months since December of 2017 that saw the National Labor Relations Board (“NLRB”) issue a number of important decisions addressing topics such as joint-employers (rescinded), company policies, micro-units,...more