On September 12, 2019, the California Supreme Court decided ZB N.A. v. Superior Court and issued a rare win for employers in a year that has brought, among other things, the near-extinction of the independent contractor classification through the expected passage of A.B. 5. Brief Background: The Use of Labor Code Section 558 in PAGA…

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On September 11, 2019, the California Legislature passed Assembly Bill 5, a landmark employment bill that largely codifies the state Supreme Court’s decision in Dynamex Operations West v. Superior Court, which we blogged about here. Although the law has been criticized for numerous industry-specific exemptions, described below, Gov. Gavin Newsom is expected to sign it…

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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…

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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…

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TOP 10 EMPLOYMENT LAW DEVELOPMENTS OF 2018: NO. 3 – MINUTES COUNT: THE FLSA’S DE MINIMIS DOCTRINE DOES NOT APPLY IN CA California employers have long relied on federal doctrines such as the de minimis rule, which excuses employers from compensating employees for very small amounts of time worked off the clock, when creating their…

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