We have written frequently here about AB5, California’s controversial law that creates an “ABC” test that must be satisfied in order for a worker to be treated as an independent contractor. As we explained here, AB5 codified and expanded the “ABC” test adopted by the California Supreme Court in Dynamex Operations West, Inc. v.
California Supreme Court
California Court of Appeal Concludes That Unionized Employees and Their Employers Cannot Negotiate Away Compensation for Required Travel Time
Faced with the question of whether unionized employees and their employer can bargain away the right to be compensated for employer-mandated travel time, a California Court of Appeal has ruled that they in fact may not do so. In Carlos Gutierrez v. Brand Energy Services of California, Inc., the Court concluded that Wage…
The Ninth Circuit’s Request That the California Supreme Court Clarify Meal and Rest Period Requirements May Have a Tremendous Impact Upon Employers
Given the prevalence of wage-hour class actions filed against California employers, the Ninth Circuit Court of Appeals from time to time asks the California Supreme Court to clarify certain California wage-hour laws. Last week, the Ninth Circuit asked again in Cole v. CRST Van Expedited, Inc., seeking clarification on the following two questions:
Clarification of California’s Obscure “Suitable Seating” Wage Rule Likely to Lead to More Employers Providing Seats – and to More Class Actions Against Those Who Don’t
We have written previously about California’s obscure wage rule pertaining to “suitable seating,” which requires that some employers provide some employees with “suitable seating” in some circumstances if the “nature of the work reasonably permits it” – and exposes employers to significant penalties if they do not do so.
Faced with a dearth of guidance…
The Ninth Circuit’s Request That the California Supreme Court Clarify Ambiguous Language in California’s Day-of-Rest Requirements Could Have a Tremendous Impact Upon Employers
It is not often that long-standing laws cause a federal court to throw up its arms, but for the second time in little over a year, the Ninth Circuit Court of Appeals has done just that in attempting to understand a California employment law.
Last year, the Ninth Circuit threw up its hands and asked…
California Supreme Court Issues Largely Employer-Friendly Ruling In Long-Awaited Brinker Decision
By: Michael Kun
This morning, the California Supreme Court has just issued its long-awaited decision in the Brinker case regarding meal and period requirements. It is largely, but not entirely, a victory for employers. A copy of the decision is here.
A few highlights of the decision:
On rest periods, the Court confirmed…
California Supreme Court Paves The Way For Even More “Bounty Hunter” Representative Actions
By Michael S. Kun and Aaron Olsen
You probably remember the scene in Jaws when Roy Scheider’s character first sees the shark that he and his crew have been pursuing.
And you probably remember what he says: "We need a bigger boat."
Well, after the California Supreme Court’s latest ruling, California employers may need a…
Next Up for the California Supreme Court: Classification of Pharmaceutical Sales Representatives
by Michael Kun and Kathryn McGuigan
In recent years, the alleged misclassification of employees under California’s wage and hour laws has been a hotly contested issue and the subject of a great many class actions. Faced with several appeals pending before it, the Ninth Circuit has now sought guidance from the California Supreme Court on…
California Employers Should Temper Their Enthusiasm About Upcoming Supreme Court Rulings
By Michael Kun
The wage hour class action epidemic that has plagued California employers for the last decade or so appears to have no end.
If anyone tells you otherwise, they are not paying enough attention.
And if they tell you the California Supreme Court is about to put an end…