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.
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.
How would you feel upon discovering that, while you are at least as qualified as a co-worker doing the same work as you, that employee makes a materially higher wage than you do?
California State Assemblyman Rob Bonta (D-Oakland) certainly seems like a middle-of-the-road guy seeking to strike a conciliatory balance in workplace legislation he is proposing.
Company principals in all California industries are daily focused on multiple opportunities and challenges across every conceivable work-related sphere.
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?
As a full-service Southern California employment law firm, Larson & Gaston advocates diligently on behalf of diverse clients in work matters that span virtually every concern and consideration. Our attorneys represent both employees and businesses in employment matters ranging from wage-related and hiring/termination issues to discrimination claims and more.
The U.S. Department of Justice says no. The federal Equal Employment Opportunity Commission says yes. And now a second federal appeals court has lined up beside the latter.
Google, the world-renowned technology giant, has had several legal problems lately. Known for its unique work environment, the company has still allegedly failed to maintain successful employment practices. Observers may recall that Google faced backlash last summer when a controversial memo leaked to the public.
We hope that there are several instructive takeaways concerning employment law on our website at the Southern California business law firm of Larson & Gaston.