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Employment Litigation Archives

California Expands the Reach of Dynamex ABC Test with AB 5

As covered on this blog, California has been taking steps to limit the classification of workers as independent contractors. While this has taken on different forms, including the monumental Dynamex decision, the state legislature recently finalized its own measure with the passage of AB 5 to codify the ABC test set forth in Dynamex. The passage of the bill largely overhauls employment law across the state.

Dynamex Decision Could Rock the Employment Market Even More than Initially Thought

As discussed on this blog, the Dynamex court decision has evolved since it first came down last year, with its overall impact on the employment market still being determined and understood. The latest in this line could have an extraordinary impact on many industries.

The Supreme Court's Revamping of Employee Arbitration Rights Continues

In its last term, the United States Supreme Court began revamping employee arbitration rights, particularly with respect to class actions. With the current term under way, the Supreme Court has cases in front of it that could further alter these rights.

Uber Picks Up Big Court Win with Help from a Recent Supreme Court Case

When Uber entered the market, it began to revolutionize transportation. However, along the way it has faced obstacles that in many instances have found Uber in court. One major issue it's facing is the claim by drivers that they are improperly treated by Uber as independent contractors rather than employees.

National Labor Relations Board Looks to Reduce Liability of Some Companies

The National Labor Relations Board (NLRB) announced a renewed effort to limit liability for companies with workers that are not engaged specifically by the company. A new proposed rule would protect companies from lawsuits by persons hired by contractors or franchisees.

California's Business Community Reacts to Dynamex

On April 30, 2018, the California Supreme Court upended the state's independent contractor market with its decision in Dynamex Operations West v. Superior Court. The Court's ruling changed the way the law will determine whether a worker is an employee or an independent contractor. The case discards the decades-old test of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (Borello) and replaces it with a new "ABC Test." We initially discussed the difference between these cases in a May 2018 post.

The Never-Ending Evolution of Social Media Continues to Challenge Employers

Managing employees has always been a challenge for any employer, large or small; however, ever since the rise of social media sites like Facebook, the challenge has seemed to grow exponentially.

Fair Credit Reporting Act Class Action Defeated.

In June 2018, Larson & Gaston's employment litigation lawyers, led by Victor Cosentino, defeated a certified, nationwide, federal class action in the Central District of California for alleged violations of the Fair Credit Report Act's (FCRA) authorization, disclosure and notice provisions, 15 U.S.C. ยง 1651b.

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