It’s springtime in California! Even as the swallows return to San Juan Capistrano, the California legislature is busy, busy, busy passing 100s of new laws because, after all, you can never get too much of a good thing!
Yes, it’s Bill Passing Season in Sacramento again, and the California legislature seems as determined as ever to defend the state’s vaunted position as “#1 Judicial Hellhole”
We invite you to review our newly-posted May 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Weil v. Citizens Telecom Servs. Co., 2019 WL 1891796 (9th Cir. 2019)
David Weil sued Citizens Telecom Services for wrongful termination and discriminatory failure to promote under Title VII and related statutes. In support of his failure-to-promote claim, Weil testified in his deposition that his former supervisor (identified in the opinion as “L.H.”) told him that he did not receive the promotion because
Goldstein v. CUIAB, 2019 WL 1923530 (Cal. Ct. App. 2019)
Steven M. Goldstein applied for and received unemployment insurance benefits from March 23, 2013 through August 10, 2013 after which time he ceased receiving unemployment benefits because he began receiving disability benefits, which continued until September 2014. Goldstein’s second claim for unemployment insurance benefits had an effective date of March 23, 2014. The Employment
Savea v. YRC Inc., 2019 WL 1552686 (Cal. Ct. App. 2019)
Vaiula Savea sued his employer (YRC) for an alleged violation of Labor Code § 226 based upon YRC’s alleged failure to include the correct employer name and address on its wage statements. The alleged violations arose from YRC’s listing on the wage statements its fictitious business name (“YRC Freight” instead of “YRC Inc.”)
Garcia v. Salvation Army, 918 F.3d 997 (9th Cir. 2019)
Ann Garcia worked as social services coordinator for the Salvation Army but “left the Church” and stopped attending religious services there a few years before taking a lengthy medical leave of absence due to fibromyalgia and eventually being fired for failing to report to work despite being cleared by her doctor. Garcia sued
Ryze Claim Solutions LLC v. Superior Court, 2019 WL 1467947 (Cal. Ct. App. 2019)
Jerome Nedd was employed by Ryze Claim Solutions in El Cerrito, California for almost three years before his employment was terminated, resulting in his filing claims against Ryze for wrongful termination and violation of the Fair Employment and Housing Act (“FEHA”) in Contra Costa County Superior Court. When Nedd was
Vazquez v. Jan-Pro Franchising Int’l, 2019 WL 1945001 (9th Cir. 2019)
Last year, the California Supreme Court in Dynamex Ops. W. Inc. v. Superior Court, 4 Cal. 5th 903 (2018), adopted the so-called “ABC test” for determining whether a worker is an employee or independent contractor and in so doing made it much more difficult for a hirer to properly classify
Last year, we questioned whether California’s new restrictions on independent contractors would apply retroactively. Yesterday, the Ninth Circuit decided in Vazquez v. Jan-Pro Franchising Int’l, 2019 WL 1945001 (9th Cir. 2019), that the landmark ruling in Dynamex Operations West, Inc. v. Superior Court should be applied retroactively.
The new test established in Dynamex upended the Borello test, a multi-factor test that had
On Tuesday, April 16, 1-2 pm PDT, Tony Oncidi will be joining the Employment Roundtable of Southern California (ERTSC) and presenting the webinar, A Quick Legal Update of New Employment Laws and Cases.
The New Year rang in nearly twenty new employment laws. 2018 and 2019 have produced dozens and dozens of significant employment cases. Whether you are an experienced human resources expert/employment attorney or