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)… 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

All Labor Code §558 Claims, Including Claims for Underpaid Wages, Are Civil Penalties Under PAGA and May Not Be Compelled to Arbitration

Lawson v. ZB, N.A., 18 Cal. App.5th 705 (2017) In a repudiation of the Fifth Appellate District Court of Appeal’s decision in Esparza v. KS Indus., L.P., 13 Cal. App. 5th 1228 (2017) (previously reviewed in this column), the Fourth District held that claims for unpaid wages under Labor Code § 558 constitute a cognizable… Continue Reading All Labor Code §558 Claims, Including Claims for Underpaid Wages, Are Civil Penalties Under PAGA and May Not Be Compelled to Arbitration

Vector Resources, Inc. v. Baker

The DIR’s Promulgation of Regulations is Not Subject to APA Notice and Hearing Requirements. Vector Resources, Inc. v. Baker (May 26, 2015) 237 Cal.App.4th 46 Defendant Christine Baker (Baker), Director of the Department of Industrial Relations (DIR), issued a decision determining that Vector Resources, Inc. (Vector) had failed to pay the appropriate prevailing wages to its… Continue Reading Vector Resources, Inc. v. Baker

Allen and Labor Ready Southwest

Objectors’ Motion to Intervene in a Class Action Settlement Was Untimely, But the District Court Failed to Allow Sufficient Opportunity for Objections in the Approval Process. Allen and Labor Ready Southwest, Inc. v. Bedolla, et al. (9th Cir. June 2, 2015) Plaintiff filed a class action in state court alleged violations of California wage and… Continue Reading Allen and Labor Ready Southwest

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