By Calvin House | Published January 1, 2020 | Posted in Dynamex, Independent Contractor, Uncategorized, Wage and Hour | Tagged Tags: AB 5, California Trucking Association, Dynamex, federal preemption |
The California Trucking Association has obtained a temporary restraining order against application of AB 5 to independent truckers. As explained in an earlier post, AB 5 would expressly incorporate the ABC test for employment (as articulated by the California Supreme Court in the Dynamex decision) into the Labor Code. United States District Judge Roger T. Benitez issued the TRO on December Read More
Read MoreAttribution: Alpha Stock Images – https://alphastockimages.com/ Uber, Postmates, Uber driver Lydia Olson and Postmates courier Miguel Perez have filed a lawsuit seeking to have AB 5 declared unconstitutional in the United States District Court for the Central District of California in Los Angeles. Lydia Olson v. State of California, Case No. 2:19-cv-10956. (Read the complaint here.) Read More
Read MoreThe Ninth Circuit has affirmed a summary judgment that dismissed claims against McDonald’s Corp. in a class action alleging various violations of the California Labor Code. The plaintiffs had claimed that McDonald’s was a joint employer with its franchisees. Salazar v. McDonald’s Corp., Case No. 17-15673 (Oct. 1, 2019), the Court rejected three theories that Read More
Read MoreA recent Los Angeles Times article — “Are you an employee or a contractor? Carpenters, strippers and dog walkers now face that question” — explores the ramifications for workers and businesses of the California Supreme Court’s adoption of the ABC test for employee status in the Dynamex decision. That April 2018 decision declared that, for Read More
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