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

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) … Read more

Khalatian v. Prime Time Shuttle, Inc.

The FAA Preempts the Labor Code Where an Arbitration Clause Provides for Arbitration of Controversies or Claims Arising Out of the Underlying Contract and the Party Seeking to Enforce Shows the Contract’s Subject Matter Involves Interstate Commerce. Khalatian v. Prime Time Shuttle, Inc., 237 Cal.App.4th 651 (originally filed May 15, 2015; certified for publication on … Read more

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