Independent Contractor Classifications

New Classification Guidelines for Independent Contractors On April 30, 2018, the California Supreme Court issued its long-awaited opinion in Dynamex Operations West, Inc. v. Superior Court, clarifying the standard for determining whether workers in California should be classified as employees or as independent contractors for purposes of the wage orders adopted by California’s Industrial Welfare […]

Indefinite Leaves

Employees Are Not Entitled to Multi-Month, Indefinite Medical Leaves of Absences California employers can breathe a sigh of relief in light of a recent decision from the Southern District Court of California. In Ruiz v. ParadigmWorks Group, Inc., the Court held that an employer is not required to extend an employee’s “multi-month” medical leave of […]

Retaliation Results in Huge Payout

Retaliation Results in Huge Payout After a nine-day jury trial, an employer, a current supervisor, and several of its former supervisors, were ordered to pay three employees $6.6 million for race-based discrimination and retaliation for filing administrative complaints about the discrimination. The case, Flores v. City of Westminster (9th Cir. 2017) 873 F.3d 739, illustrates […]

Arbitration Agreements

In California, Not All Arbitration Agreements Are Enforceable Arbitration agreements can be an excellent tool for managing exposure to costly litigation and the unwanted publicity associated with employment-related lawsuits. Unfortunately, arbitration agreements between employers and employees are not ironclad, and California courts often refuse to enforce them. A recent case serves as an important reminder […]

Sexual Harassment – Employer Liable for Non-Employee Trespasser Sexual Assault

Sexually Assaulted Employee Can Recover Damages From Employer Under FEHA, In Addition To Worker’s Compensation Recovery, For Sexual Harassment By A Non-Employee Trespasser In M.F. v. Pacific Pearl Hotel Management LLC, a California Court of Appeal ruled that Worker’s Compensation benefits may not be the exclusive remedy for an employee who was sexually assaulted by […]

AB 1066 Agricultural Worker Overtime

California Supreme Court Issues Important Guidance on Computing Overtime Under California law, overtime pay is based on an employee’s “regular rate of pay,” which is not necessarily an employee’s regular hourly wage. This is because an employee’s “regular rate of pay” includes all forms of compensation that an employee receives, e.g., production bonuses. As a […]