employee classification – Employee Rights Law Firm

Arbitrator’s Failure to Void Non-Compete, Non-Solicitation Provisions Violated Employee’s Statutory Rights Under B&P § 16600.

October 27, 2022October 13, 2020 by Leonard H. Sansanowicz

Brown v. TGS Mgmt. Co., LLC, 57 CalApp5th 303 (Oct. 13, 2020) Plaintiff appealed the trial court’s confirmation of an arbitration award in Defendant’s favor. Relying on Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1 and on Business & Professions Code section 16600, the Fourth Appellate District reversed the judgment on the grounds that… Continue Reading Arbitrator’s Failure to Void Non-Compete, Non-Solicitation Provisions Violated Employee’s Statutory Rights Under B&P § 16600.

California Supreme Court Finds the ABC Standard, Not S.G. Borello & Sons, Is the Proper Standard to Analyze Employee vs. Independent Contractor Status

November 16, 2022July 1, 2018 by Leonard H. Sansanowicz

Dynamex Operations West, Inc.,v. Superior Court (Lee), 4 Cal. 5th 903 (2018) In 2010, the California Supreme Court issued the seminal case of Martinez v. Combs.1 Martinez confirmed that, as defined in the wage order,2 the term “employ” had three alternative definitions: “(a) to exercise control over the wages, hours, or working conditions, or (b)… Continue Reading California Supreme Court Finds the ABC Standard, Not S.G. Borello & Sons, Is the Proper Standard to Analyze Employee vs. Independent Contractor Status

Noe v. Super. Ct.

November 16, 2022June 1, 2015 by Leonard H. Sansanowicz

Labor Code Section 226.8 Extends Liability to Any Employer Who is Aware That a Co-Employer Has Willfully Misclassified Their Joint Employees and Fails to Remedy the Misclassification, But the Section Does Not Confer a Private Right of Action. Noe v. Super. Ct. (June 1, 2015) 237 Cal.App.4th 316 Anschutz Entertainment Group (AEG) contracted with Levy… Continue Reading Noe v. Super. Ct.