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
Dynamex
AB 5 Past and Present – What You Need to Know
By Dale R. Kuykendall & Sierra Vierra on
Posted in Wage and Hour
At the end of 2020, it seemed the legislature, the courts, and even California voters wanted to move away from the independent contractor test codified in Assembly Bill 5 (AB 5). However, during 2021, the pendulum seems to have swung back in favor of AB 5 and its guidelines on classifying workers as employees versus…
California Supreme Court Answers the Ninth Circuit: Dynamex Applies Retroactively
By James P. Carter & Kelli M. Winkle on
Posted in Wage and Hour
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…
California Supreme Court Cases Employers Should Watch In 2021
By Cary G. Palmer on
Posted in California
While the California courts were relatively quiet during 2020, the California Supreme Court has a few heavy-hitting employment cases pending for 2021.
Here are the cases employers should be watching in the new year and why.
Donohue v. AMN Services, LLC
AMN Services (“AMN”) used a computer-based timekeeping system, which required employees such as Plaintiff…
California Supreme Court to Hear Oral Arguments on Retroactive Application of Dynamex
By Erika M. Barbara on
Posted in Wage and Hour
On November 3, 2020, while the rest of the country is focused on the 2020 election, the California Supreme Court will hear oral arguments in Vazquez v. Jan-Pro Franchising Int’l, Inc. to address an unanswered question stemming from the Court’s 2018 decision in Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 905…
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.