We invite you to review our newly-posted July 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Alleging misclassification, John Quinn brought a PAGA action on behalf of a class consisting of securities broker-dealers and investment advisers against his employer LPL Financial. Quinn brought the PAGA action prior to the enactment of AB 2257, which exempted the occupations identified in Quinn’s PAGA action from the “ABC test” as set
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:
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
Today the California Court of Appeal struck down two state laws that had previously made it nearly impossible for California employers to obtain injunctive relief in labor disputes. In Ralphs Grocery v. UFCW, No. C060413 (Cal. Ct. App. July 19, 2010), the Court determined that Cal. Code of Civil Procedure section 527.3 (a/k/a the “Moscone Act”) and Cal. Labor Code Section 1138.1 are unconstitutional under the First and Fourteenth Amendments of the United States Constitution because they unjustifiably favor speech related to labor disputes over other speech and because they effectively compel private employers to provide a forum for speech with which the employer disagrees.
Ricci v. DeStefano, 557 U.S. 557, 129 S.Ct. 2658 (2009)
One hundred eighteen firefighters took written examinations administered by the city of New Haven, Connecticut in order to qualify for promotion to the rank of lieutenant or captain. When the examination results showed that white candidates had outperformed minority candidates, the mayor and other local politicians opened a public debate that “turned rancorous.” Some
Ricci v. DeStefano, 557 U.S. ___, 129 S. Ct. 2658 (2009)
One hundred eighteen firefighters took written examinations administered by the city of New Haven, Connecticut in order to qualify for promotion to the rank of lieutenant or captain. When the examination results showed that white candidates had outperformed minority candidates, the mayor and other local politicians opened a public debate that “turned rancorous.”