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Employment Litigation Archives

Western States Trucking Association Challenges Landmark Independent Contractor Decision 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 court's will determine whether a worker is an employee or an independent contractor. The case discards the decades-old test established in 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. § 1651b.

Dynamex: The California Supreme Court Upends the State's Independent Contractor Market

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." 

Employee references a material concern for California businesses

A hiring manager from another California company wants to know about a worker your enterprise let go several weeks ago. Can you candidly respond that the employee was lazy, ethically suspect and not likely to be a good hire?

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