Encino Motorcars, LLC v. Navarro, 584 U.S. ___, 138 S. Ct. 1134 (2018)
An amendment to the Fair Labor Standards Act (“FLSA”) exempts from its overtime requirements “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements.” The U.S. Department of Labor (“DOL”) subsequently issued an opinion letter and amended its Field Operations Handbook to state that service
Hernandez v. Rancho Santiago Cmty. Coll. Dist., 2018 WL 2057468 (Cal. Ct. App. 2018)
Marisa Hernandez worked on and off as an assistant for the District for a number of years without any complaints about her performance. Eight months into her 12-month probationary period (after which point she would become a “permanent employee”), Hernandez took a temporary disability leave of absence to have
Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018) (en banc)
Aileen Rizo, who is an employee of the public schools in Fresno County, sued for violation of the federal Equal Pay Act (“EPA”) after she learned that her male counterparts were being paid more for performing the same work. In its summary judgment motion, the county argued that it paid
Dynamex Operations West, Inc. v. Superior Court, 2018 WL 1999120 (Cal. S. Ct. 2018)
Two delivery drivers for Dynamex filed this putative class action on behalf of similarly situated drivers, alleging that they were misclassified as independent contractors rather than employees for purposes of Industrial Wage Commission Order No. 9 (governing the transportation industry). At issue in the case is whether the relatively broad
We invite you to review our newly-posted May 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
On April 30, 2018, the California Supreme Court issued its unanimous ruling in Dynamex Operations West, Inc. v. Superior Court, making it even harder for companies to classify workers as independent contractors (rather than employees). The previous standard used for classifying workers as employees or independent contractors had been in place since 1989 and was based upon a multifactor test that considered, among other
By Anthony J. Oncidi and Nayirie Kuyumjian
The California Chamber of Commerce has just identified a new raft of recently introduced “job killer” bills that have been proposed in the California Legislature.
This year’s list of 27 proposed laws includes measures that would impose additional penalties for an employer’s failure to pay wages; increase the personal income tax for the highest earners in California; ban
By Anthony J. Oncidi and Nayirie Kuyumjian
On Monday, the Ninth Circuit issued a significant opinion, Rizo v. Yovino, 2018 WL 1702982 (9th Cir. April 9, 2018), authored by the late “liberal lion” Judge Stephen Reinhardt, holding that an employer’s consideration of prior salary information cannot serve as a justification for sex-based wage differentials under the federal Equal Pay
We invite you to review our newly-posted March 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Simers v. Los Angeles Times Commc’ns, LLC, 18 Cal. App. 5th 1248 (2018)
T.J. Simers, a well-known sports columnist for the Los Angeles Times, alleged disability and age discrimination and constructive discharge – Simers, who had suffered a “mini-stroke” from which he quickly recovered, quit his job after his column was suspended and he was reprimanded and demoted for a possible ethical