In its recently issued decision in SuperShuttle DFW, Inc. and Amalgamated Transit Union Local 1338, the National Labor Relations Board (NLRB) reversed course on the test it uses to determine whether a worker is an employee or an independent contractor, adopting a more employer-friendly standard. While it retains the common law’s multi-factor test for determining…

Read More ›

WHAT TO EXPECT IN CALIFORNIA EMPLOYMENT LAW FOR 2019 In many ways, 2018 was a bellwether year for California employment law, seeing major changes in the laws pertaining to sexual harassment, independent contractors, and a whole host of other issues. Does 2019 hold as many big surprises in store? The short answer: probably not, but…

Read More ›

TOP 10 EMPLOYMENT LAW DEVELOPMENTS OF 2018: NUMBER 1 – DYNAMEX TURNS THE WORLD OF INDEPENDENT CONTRACTOR LAW UPSIDE DOWN To be honest, there was no contest for the top development in California employment law in 2018. It was a runaway, and chances are if you asked any employment lawyer, plaintiff or defense side, they…

Read More ›

As most employers are undoubtedly aware, April’s dynamite Dynamex decision blew up the definition of “employer” for purposes of determining independent contractor status. The California Supreme Court utilized the newly adopted “ABC test” for determining whether an employer “suffers or permits” the work, thereby justifying classifying the worker an employee.  The knockout blow came in…

Read More ›

On December 14, 2017, the National Labor Relations Board (the “NLRB” or “Board”) decided  Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co. (“Hy-Brand”), reversing its 2015 decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery (“Browning-Ferris”) and re-establishing the pre-Browning-Ferris standard for determining joint employer status.  As detailed in our blog post…

Read More ›