Since the passage of California Assembly Bill (AB) 5 in 2019, there have been subsequent legal challenges and revised legislation that continues to shape the status of independent contractors and related employment law issues in California. Keeping track of all the cases and exemptions related to AB 5 is almost as difficult as determining who
James P. Carter
California’s Supreme Court Sets Meal and Rest Period Premium Pay At An Employee’s Regular Rate Of Pay, Not The Base Hourly Rate Alone
In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court has concluded that an employee’s “regular rate of compensation” for meal and rest period premium pay is synonymous with the employee’s “regular rate of pay” for overtime. Accordingly, employers paying meal and rest period premiums must pay those, not at an employee’s base…
California Supreme Court Answers the Ninth Circuit: Dynamex Applies Retroactively
In Vazquez v. Jan-Pro Franchising International (Vazquez), the California Supreme Court answered “Yes” to the Ninth Circuit’s question, “Does your independent contractor ABC test in Dynamex Operations West, Inc. v. Superior Court (Dynamex) apply retroactively?”
In 2018, the Dynamex Court concluded that under California wage orders, anyone who performs work for a business is presumed…
Trial Court Properly Denied Attorneys’ Fees To Plaintiff Who Proved His Termination Was Substantially Motivated By His Disabilities, But Was Not The Prevailing Party At Trial
In Bustos v. Global P.E.T., Inc., (E065869, Cal. Ct. App. January 16, 2018), Plaintiff William Bustos and a number of his co-workers were terminated by Global in an economic layoff. Bustos sued Global alleging his disabilities were a substantial motivating reason for his termination.
At trial, the jury awarded Bustos nothing, although the jury…