The long-running feud between California and the “gig economy” shows no sign of ending soon. On April 28, 2023, the State of California submitted a petition to the Ninth Circuit in Olson v. California, No. 21-55757 (9th Cir.), seeking review or a rehearing before a new panel of judges, after a Ninth Circuit panel in March unanimously held that the plaintiffs (Uber, Postmates, and
We invite you to review our newly-posted March 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Castellanos v. State of Cal., 2023 WL 2473326 (Cal. Ct. App. 2023)
Ride-share drivers and the Service Employees International Union sought to have Proposition 22 declared unconstitutional under the provisions governing workers’ compensation, initiative power, and separation of powers. The trial court granted the petition. The Court of Appeal reversed holding that while certain provisions of the Proposition were unconstitutional, those provisions could be
We invite you to review our newly-posted January 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Whitlach v. Premier Valley, Inc., 86 Cal. App. 5th 673 (2022)
James Whitlach, a real estate agent, brought a PAGA suit against Premier Valley, Inc. dba Century 21 MM and Century 21 Real Estate, LLC (collectively, “Century 21”). Whitlach alleged that Century 21’s real estate agents were misclassified as independent contractors. The Court of Appeal affirmed the trial court’s holding that Section 650 of
We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Miller v. Roseville Lodge No. 1293, 83 Cal. App. 5th 825 (2022)
Roseville Lodge No. 1293, Loyal Order of Moose, Inc., hired Charlie Gelatini to move an ATM on its premises. Ricky Lee Miller, Jr., who worked for Gelatini and was the person who performed the work, was injured on the job when he fell from a scaffold. Miller sued the Lodge and its
We invite you to review our newly-posted May 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Mejia v. Roussos Constr., Inc., 76 Cal. App. 5th 811 (2022)
Plaintiffs, unlicensed flooring installers, installed floors on behalf of Roussos Construction, a general contractor. There were three individuals working between plaintiffs and Roussos whom plaintiffs called “supervisors” and Roussos called “subcontractors.” At trial, Roussos maintained that it used independent contractors (the three individuals) who were licensed to perform work not permitted by Roussos’
On March 17, Rover—a digital application connecting pet owners with daily pet-care providers—argued to the Ninth Circuit that it should uphold a California federal judge’s finding that a dog-sitter was properly classified as an independent contractor.
While maintaining that it passes the strict three-pronged “ABC test”—which we have reported on here, here, and here—Rover also asserted that it is a “referral