Employers all over the State of California have been waiting earnestly for over two years for the California Supreme Court to issue its opinion in Kim v. Reins International California. A ruling that will decide whether a settling employee remains an aggrieved employee for purposes of the Private Attorneys General Act (PAGA). The wait
Wage and Hour
Applying the Policy Behind AB 5, a San Diego Court Has Enjoined a Company from Failing to Comply with California Employment Law with Respect to its Classification of Individuals as Independent Contractors
Posted in Wage and Hour
While litigation over the controversial Assembly Bill 5 (AB 5) continues throughout the state, a San Diego Superior Court judge recently issued a preliminary injunction enjoining and restraining a company from failing “to comply with California employment law” regarding a category of individuals within the City of San Diego while the litigation is pending. This…
AB 5 Under Fire in 2020
By Patrick C. Stokes on
Posted in Wage and Hour
Assembly Bill 5 (“AB 5”), feared by some to be the death of independent contractor relationships in California, faces a growing number of lawsuits. Organizations representing three industries have filed lawsuits challenging the bill on constitutional grounds. In each lawsuit, the plaintiffs have sought a preliminary injunction to stay enforcement of the bill until the…
U.S. District Court Grants Preliminary Injunction Against Enforcement of AB 5: Truckers Can Keep Trucking as Independent Contractors in California
By Pamela Palpallatoc on
Posted in Wage and Hour
Earlier this week, the Southern District heard arguments regarding the grant of a preliminary injunction to prevent the enforcement of Assembly Bill 5 (“AB 5”) against motor carriers operating within California.
Judge Benitez granted the preliminary injunction and concluded in his order that “there is little question that the State of California has encroached …
Temporary Restraining Order Remains In Place After Hearing on the California Trucking Association’s Request for Injunction
By Pamela Palpallatoc on
Posted in General, Wage and Hour
On the eve of the Assembly Bill 5 (“AB 5”) effective date, Judge Roger Benitez granted the California Trucking Association’s (“Association”) request for a Temporary Restraining Order to prevent enforcement of the law which the Association argued requires truckers to be classified as employees instead of independent contractors.
On January 13th, Judge Benitez…
Another Win for the Trucking Industry Against AB 5
By Jared L. Bryan on
Posted in General, Wage and Hour
While the trucking industry waits for the federal court to hear arguments on the California Trucking Association’s request for an injunction against application of AB5, Judge William Highberger of the Los Angeles Superior Court ruled on January 8, 2020, that AB 5 runs afoul of the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”).…
Brief Reprieve for Truck Drivers from Assembly Bill 5
By Pamela Palpallatoc on
Posted in Wage and Hour
The California Trucking Association (“Association”) challenges Assembly Bill 5 (“AB 5”) by arguing the Federal Aviation Administration Authorization Act (“FAAAA”) of 1994 preempts state laws “relating to a price, route or service of any motor carrier”. After the California Supreme Court decided Dynamex Operations West, Inc. v. Superior Court (“Dynamex”) in 2018, Governor…
2020 Brings Changes to California Employment Laws
By Susan E. Groff on
As 2019 comes to a close, here is a look ahead to some of the legislation going into effect on January 1, 2020, that affects employers in California.
Independent Contractors
Assembly Bill 5 codifies and clarifies the California Supreme Court’s 2018 Dynamex Operations West, Inc. v. Superior Court of Los Angeles County, 4 Cal.
U.S. Chamber of Commerce Files Suit to Halt AB 51
By Scott P. Jang on
Posted in Wage and Hour
California employers are not alone as they wrestle with AB 51’s January 1, 2020 new law on mandatory arbitration agreements. (For background on AB 51 see our article). On December 6, 2019, the U.S. Chamber of Commerce and other business organizations filed suit against the State of California to have AB 51 declared preempted…
The California Supreme Court to Decide Dynamex Retroactivity
By Benjamin A. Tulis & Susan E. Groff on
Posted in Wage and Hour
The California Supreme Court announced that it would decide whether its April 30, 2018 landmark Dynamex decision is retroactive. The Supreme Court’s determination will have a significant impact on companies utilizing independent contractors in California.
In Dynamex Operations West, Inc. v. Superior Court of Los Angeles County, the California Supreme Court adopted the “ABC Test”…