We invite you to review our newly-posted May 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Unions, Legislature Dealt Yet Another Blow in AB 5 Appeal
Olson v. State of Cal., 62 F.4th 1206 (9th Cir. 2023)
In the latest in a string of defeats for the State of California, a Ninth Circuit panel unanimously held that AB 5 (the anti-independent contractor law) may violate the equal protection rights of independent contractor drivers and the gig companies that retain them. The panel found that the plaintiffs plausibly alleged that
May 2022 California Employment Law Notes
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:
- Former UCLA Physician Can Proceed With Whistleblower Claims
- Former Employee Adequately Alleged Disability Under The ADA
- California Resident May Rely Upon Labor Code § 925 To Challenge Non-Compete
- School District Is Not Liable For
Workers Do Not Need To Establish They Were Hired Before ABC Test Can Be Applied
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’
Employee of Independent Contractor Cannot Sue Company That Hired Contractor for Negligence
SeaBright Ins. Co. v. US Airways, Inc., 52 Cal. 4th 590 (2011)
US Airways uses a conveyor to move luggage at San Francisco International Airport. US Airways hired independent contractor Lloyd W. Aubry Co. to maintain and repair the conveyor and did not direct Aubry’s employees in their work. The conveyor lacked certain safety guards in violation of various Cal-OSHA regulations. After one of