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…

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The U.S. Supreme Court on June 27th issued its long-awaited decision in Janus v. AFSCME, ruling that public sector employees are no longer required to pay “agency fees” to a union which has the right of exclusive representation under the law, even when the employee chooses not to join the union.  This holding overruled a…

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Category: U.S. Supreme Court,

Can a religious preference belief ever support a defense to anti-discrimination laws?  That was the question the U.S. Supreme Court faced and avoided in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission earlier today. The issue revolved around a cake shop whose devout Christian owners refused to bake a wedding cake for a gay couple…

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Under a number of California and federal laws, employers are legally required to maintain certain employment-related records for a fixed period of time.  Changes in the past few years have altered many of the record retention guidelines employers may be familiar with, opening employers up to the risk for civil penalties and large awards of…

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On April 30, 2018, the California Supreme Court announced an extremely narrow, pro-employee test for determining whether a worker is properly classified as an independent contractor.  The new standard, set forth in Dynamex Operations West, Inc. v. Superior Court, is so stringent that workers rights’ advocates are predicting a sweeping re-classification of workers throughout the…

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