by Leonard H. Sansanowicz | Jul 1, 2018 | employee classification, Labor Code, wage and hour
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...
by Leonard H. Sansanowicz | Mar 1, 2018 | wage and hour
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...
by Leonard H. Sansanowicz | Jun 29, 2015 | Arbitration, Wages
A Mandatory Arbitration Agreement With a Choice of Law Clause and a Clause Delegating Interpreting Authority to the Arbitrator Is Procedurally and Substantively Unconscionable.Pinela v. Neiman Marcus Group, Inc. (June 29, 2015) 238 Cal.App.4th 237Employer Neiman...
by Leonard H. Sansanowicz | Jun 26, 2015 | Court of Appeal, wage and hour, Wages
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...
