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 |
Truckers Obtain TRO against AB5
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 MoreNew Lawsuit Challenges AB 5
Attribution: 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 MoreUber, Lyft and Doordash Launch Attack on AB5
Image provided by www.quotecatalog.com Uber, Lyft and Doordash have launched a campaign to pass an initiative that would limit the impact of AB 5, a new California law that seeks to increase the number of workers entitled to protections for employees under California law. If passed by voters next year, the initiative would add new provisions Read More
Read MoreWatch Partner Calvin House Argue in the Ninth Circuit
We represent Los Angeles School Police Officer Daniel East in a lawsuit claiming that Officer East participated in the unlawful prosecution of a juvenile adjudicated a murder, whose conviction was overturned. Our appeal from the District Court’s refusal to grant summary judgment was heard by a 3-judge panel of the Ninth Circuit on October 15, Read More
Read MoreHairstyle Protection Added to FEHA
A California law that will become effective on January 1, 2020, provides protection for hairstyles and other traits that are associated with race. SB 188 does so by amending the definition of “race” in the Fair Employment and Housing Act to include “traits historically associated with race, including, but not limited to, hair texture and Read More
Read MoreClaim for Damages Required for 1102.5 Claim
The Second District Court of Appeal has ruled that plaintiffs who wish to pursue whistle blower claims against public entities under Labor Code section 1102.5 must first file claims for damages under Government Code section 911.2. Le Mere v. Los Angeles School District, Case No. B281843 (Apr. 30, 2019). Section 1102.5 authorizes a damages lawsuit Read More
Read MoreApplication of Employment Laws to Religious Institutions
Not all employment laws are enforceable against religious institutions — some laws are made inapplicable by their terms, other have been held unenforceable on freedom of religion grounds. Anti-Discrimination Laws The two anti-discrimination laws that apply to California employers contain express exemptions for religious organizations. The federal law –Title VII of the Civil Rights Act Read More
Read MoreWhat is a Fair Work Week?
A new workplace fairness measure is getting increased attention around the country. “Fair Workweek” proposals address employee concerns about lack of control and certainty over their work schedules. Proponents want employers to give advance notice of work schedules, allow employees to turn down shifts without losing their jobs, provide sufficient rest time between the end Read More
Read MoreU.S. Supreme Court Vacates Decision Issued After Author Died
On April 9, 2018, the Ninth Circuit issued a 6-5 en banc decision in an Equal Pay Act case, holding that past salary could not be used to justify a pay disparity between male and female employees. Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018). The opinion was written by Stephen Reinhardt, who had died Read More
Read MoreABC Standard for Determining Employment Relationship Does Not Apply to Labor Code Claims
The San Diego division of the Fourth District Court of Appeal has ruled that the ABC test for employment established by the Supreme Court’s Dynamex decision is limited to claims under California’s wage orders. In Garcia v. Border Transportation Group, LLC, Case No. D072521 (10/22/2018), the Court ruled that a plaintiff’s claims for (1) failure to pay overtime under Labor Read More
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