Dynamex ABC Test Applied Retroactively and to Labor Code Claims Enforcing the Wage Order’s Protections, Not Just Wage Order Claims.

Gonzales v. San Gabriel Transit, 40 Cal.App.5th 1131 (Oct. 8, 2019)Plaintiff filed a wage and hour case for misclassification of drivers as independent contractors who worked for a transit company that provided transportation services to passengers of public and private entities. Plaintiff moved for class certification, which the trial court denied for lack of commonality… Continue Reading Dynamex ABC Test Applied Retroactively and to Labor Code Claims Enforcing the Wage Order’s Protections, Not Just Wage Order Claims.

Perez, et al. v. Mortgage Bankers Ass’n

Perez, et al. v. Mortgage Bankers Ass’n (US Supreme Court, March 9, 2015) Courts may not dictate to agencies the procedure they must use to change the interpretation of their regulations; mortgage loan officers do not qualify for the FLSA administrative exemption. The Fair Labor Standards Act of 1938 (FLSA)[i] “establishe[s] a minimum wage and… Continue Reading Perez, et al. v. Mortgage Bankers Ass’n

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