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

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 … Read more

Pinela v. Neiman Marcus Group, Inc

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 237 Employer Neiman Marcus Group (NMG) compelled arbitration of Plaintiff’s wage claims, in part,[i] after Plaintiff moved for certification in a … Read more

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 … Read more

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