Last year, we questioned whether California’s new restrictions on independent contractors would apply retroactively. Yesterday, the Ninth Circuit decided that the landmark ruling in Dynamex Operations West, Inc. v. Superior...more
Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right -
Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) -
After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more
3/18/2019
/ Breach of Contract ,
CA Supreme Court ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Hiring & Firing ,
Independent Contractors ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Joint Employers ,
On-Call Employees ,
Popular ,
Private Attorneys General Act (PAGA) ,
Statute of Limitations ,
Title VII ,
Unpaid Wages ,
Wage and Hour ,
Whistleblowers
On May 1, we reported about the Dynamex Operations W., Inc. v. Superior Court opinion in which the California Supreme Court adopted a new standard (the “ABC test”) for determining if a worker may properly be classified as an...more
On May 1, we reported on the California Supreme Court’s opinion in Dynamex Operations West, Inc. v. Superior Court, in which the Supreme Court set forth the standard for determining if a worker may properly be classified as...more
In this episode of The Proskauer Brief, partner Tony Oncidi and senior counsel Harris Mufson discuss key developments in California employment law, including a new test to determine whether workers are independent contractors...more
6/5/2018
/ #MeToo ,
ABC Test ,
Arbitration Agreements ,
CA Supreme Court ,
Employee Training ,
Employer Liability Issues ,
Independent Contractors ,
Podcasts ,
Sex Discrimination ,
Sexual Harassment ,
Standard of Review ,
State Labor Laws
We invite you to review our newly-posted May 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include...more
5/11/2018
/ ABC Test ,
Anti-SLAPP ,
CA Supreme Court ,
Delivery Drivers ,
Employer Liability Issues ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Rest and Meal Break ,
State Labor Laws ,
Title VII ,
Wage and Hour
On April 30, 2018, the California Supreme Court issued its unanimous ruling in Dynamex Operations West, Inc. v. Superior Court, making it even harder for companies to classify workers as independent contractors (rather than...more
Newly Enacted California Statutes -
Statewide "Ban-the-Box" Legislation -
Known as "Ban-the-Box" legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new...more
11/10/2017
/ Anti-Retaliation Provisions ,
Ban the Box ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Governor Brown ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Mental Health ,
New Legislation ,
Parental Leave ,
Private Attorneys General Act (PAGA) ,
Salary/Wage History ,
Sanctuary Cities ,
Sexual Harassment ,
State Labor Laws ,
Tip Credit ,
Wage and Hour ,
Whistleblower Protection Policies ,
Workers Compensation Act ,
Workers’ Compensation Appeals Board (WCAB)
Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more
9/13/2017
/ Accrual Requirements ,
Age Discrimination ,
Anti-SLAPP ,
Appeals ,
Burden-Shifting ,
CA Supreme Court ,
Cause of Action Accrual ,
Class Action ,
Class Certification ,
Day of Rest Laws ,
Demurrers ,
DFEH ,
Disability Discrimination ,
Discovery ,
Discovery Disputes ,
Dismissals ,
Evidence ,
FEHA ,
First Amendment ,
Former Employee ,
Genuine Issue of Material Fact ,
Independent Contractors ,
Intentional Infliction of Emotional Distress ,
Interim Adverse Judgment Rule ,
Involuntary Reduction in Force ,
Libel ,
Litigation Fees & Costs ,
Malicious Prosecution ,
Motion to Compel ,
Pretext ,
Private Attorneys General Act (PAGA) ,
Probable Cause ,
Public Policy ,
Putative Class Actions ,
Race Discrimination ,
Reasonable Accommodation ,
Remedies ,
Retaliation ,
Reversal ,
Right to Privacy ,
Section 998 ,
Settlement Offer ,
Statute of Limitations ,
Subpoenas ,
Summary Judgment ,
Telemarketing ,
Trade Secrets ,
Vacation Pay ,
Vicarious Liability ,
Waiting Periods ,
Websites
Newly Enacted California Statutes -
The Word "Alien" Is Stricken From The California Labor Code -
Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more
9/8/2015
/ ADEA ,
Age Discrimination ,
Anti-Retaliation Provisions ,
Attorney's Fees ,
Background Checks ,
CAFA ,
Cheerleaders ,
Class Action ,
Class Certification ,
Commercial General Liability Policies ,
Commercial Truck Drivers ,
Cumis Counsel ,
Department of Homeland Security (DHS) ,
Discrimination ,
En Banc Review ,
False Claims Act (FCA) ,
First-to-File ,
Grocery Stores ,
Hiring & Firing ,
Independent Contractors ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Jurisdiction ,
Labor Code ,
Labor Commissioners ,
Misclassification ,
Motion for Summary Judgment ,
National Guard ,
New Legislation ,
Pretext ,
Qui Tam ,
Reasonable Accommodation ,
Removal ,
Rest and Meal Break ,
Retaliation ,
Title VII ,
Unfair Competition ,
Wage and Hour ,
Whistleblowers
Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" -
Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) -
Michaelin Higgins-Williams worked as a clinical...more
7/17/2015
/ Anti-SLAPP ,
Appeals ,
Bad Faith ,
Choice-of-Law ,
Class Action ,
Class Certification ,
Convictions ,
Costco ,
Department of Corrections ,
Disability Discrimination ,
Discovery ,
Disparate Treatment ,
EEOC v Abercrombie ,
Elonis v US ,
Employee Privacy Rights ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Facebook ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
FBI ,
First Amendment ,
First-to-File ,
Forum Selection ,
Gender Discrimination ,
Good Faith ,
Hiring & Firing ,
In Forma Pauperis ,
Independent Contractors ,
Internships ,
Labor Code ,
Labor Commissioners ,
Leave of Absence ,
Lost Wages ,
Malicious Prosecution ,
Marshalls ,
Misappropriation ,
Misclassification ,
Motion for Summary Judgment ,
Petition for Writ of Mandate ,
Private Attorneys General Act (PAGA) ,
Private Right of Action ,
Protective Orders ,
Putative Class Actions ,
Qui Tam ,
Reasonable Accommodation ,
Religious Discrimination ,
Remand ,
SCOTUS ,
Sex Discrimination ,
Sexual Abuse ,
Sexual Harassment ,
Statute of Limitations ,
Statutory Rights ,
Tax Liability ,
Title VII ,
Trade Secrets ,
Unemployment Benefits ,
Unions ,
Unpaid Interns ,
Wage and Hour ,
Withholding Tax ,
Work-Induced Stress ,
Wrongful Termination
In this putative class action, plaintiffs alleged that Knight Transportation had misclassified them as independent contractors when in fact they were employees who were not reimbursed their lease-related and fuel costs as...more
After leaving his job as a massage therapist at West Hollywood Community Health & Fitness Center (d/b/a “Voda Spa”), Mario Serban applied for unemployment benefits. The Employment Development Department sent Voda Spa a letter...more
$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award -
State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc).
Angela Aguilar who worked in a copper mine...more
1/14/2015
/ Bribery ,
Constructive Discharge ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Intentional Infliction of Emotional Distress ,
Mining ,
Promissory Notes ,
Punitive Damages ,
Rest and Meal Break ,
School Districts ,
Security Checks ,
Severance Pay ,
Sexual Harassment ,
Wage and Hour ,
Whistleblowers ,
Wrongful Termination
"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit -
Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014)
Vicente Salas worked on Sierra Chemical's production...more
7/15/2014
/ Adverse Employment Action ,
Age Discrimination ,
Anti-SLAPP ,
Car Accident ,
Class Action ,
Disability ,
Disability Discrimination ,
Discrimination ,
Disparate Impact ,
Employer Liability Issues ,
Independent Contractors ,
Just Compensation ,
Misclassification ,
Non-Resident Aliens ,
Popular ,
Right to Work ,
Sex Discrimination ,
Sexual Harassment ,
Statistical Sampling ,
US Bank ,
Wage and Hour ,
Workers' Compensation Defense