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
We invite you to review our newly-posted November 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Sandoval v. Qualcomm Inc., 12 Cal. 5th 256 (2021)
Qualcomm hired TransPower Testing, Inc., an electrical engineering service company, to inspect and verify the amperage capacity of Qualcomm’s existing switchgear equipment. TransPower hired Martin Sandoval, an electrical parts supply and repair specialist, to conduct an inspection during which Sandoval was seriously injured. The jury awarded Sandoval over $1 million for past and future
As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state. We have summarized the most important ones for you here:
Arbitration
Arbitration fees will now need to be paid upon receipt of invoice unless the arbitration agreement expressly establishes a payment schedule. The new law
We invite you to review our newly-posted July 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Wilson v. The La Jolla Group, 61 Cal. App. 5th 897 (2021)
The trial court declined to certify a class action filed by individuals who worked as signature gatherers for the La Jolla Group (“LJG”) on behalf of political campaigns and political action committees. LJG classified these workers as independent contractors, though they alleged they were misclassified and should have been classified and paid as
Usher v. White, 64 Cal. App. 5th 883 (2021)
The plaintiffs in this putative class action lawsuit (service technicians) alleged they had been misclassified as independent contractors rather than employees. They amended their complaint to add Shirley White and her son Jeff White as individual defendants in the case, relying upon Cal. Lab. Code § 558.1, which creates personal liability for an “owner, director, officer,
The California Supreme Court has denied a petition for writ of mandate filed by the Service Employees International Union (SEIU). The SEIU, which was hoping to unionize Uber and Lyft drivers in the wake of AB 5, (read more of our AB 5 coverage here, here, and here), argued that voter-approved Proposition 22 (which permits rideshare drivers to remain independent contractors) should
On January 14, 2021, the California Supreme Court decided, at the request of the Ninth Circuit, that its decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018) applies retroactively. Vazquez v. Jan-Pro Franchising International, Inc. (SC S258191 1/14/21). Dynamex adopted the “ABC test” for determining whether a worker is an employee or independent contractor for purposes of the obligations
We invite you to review our newly-posted September 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: