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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

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New Lawsuit Challenges AB 5

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.) The case is assigned to United Read More

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Ninth Circuit Rejects Attempt to Hold McDonald’s Liable as a Joint Employer

The 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

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New California Law Codifies ABC Test for Employment Relationship

Governor Newsom has signed AB 5, which was enacted to bring more California workers under the protection of laws that apply to employers. The bill adds section 2750.3 to the Labor Code, which will become effective on January 1, 2020. The bill’s findings state the Legislature’s intent to codify the California Supreme Court’s decision in Dynamex Read More

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Effects of the Dynamex Decision

A 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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