We invite you to review our newly-posted March 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
independent contractor
Prevailing Employer May Only Recover Costs If FEHA Action Was “Objectively Frivolous”
Neeble-Diamond v. Hotel Cal. By the Sea, LLC, 99 Cal. App. 5th 551 (2024)
Amanda Neeble-Diamond sued her employer for violation of the Fair Employment and Housing Act (FEHA), but after a jury concluded she was an independent contractor rather than an employee, the trial court entered judgment in favor of the employer (Hotel California). Hotel California then filed a motion for attorney’s fees…
May 2023 California Employment Law Notes
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…
Gig Workers: 2, California: 0 in Ongoing Fight for Independent Contractor Status
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…
March 2023 California Employment Law Notes
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:
- No Claim By Employee Who Was Friends With Alleged Harasser
- Pregnancy Discrimination Lawsuit Was Properly Dismissed
- Employer That Failed To Layoff Employee Before She Became Disabled May Have Discriminated
- Court Compels Individual But Not
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Proposition 22 Is Not Unconstitutional
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…
January 2023 California Employment Law Notes
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:
- Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus
- Family Court May Order Employer To Provide Determination Of Arrearages Owed In Spousal Support Case
- Background Check Agency May Have Violated State
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Real Estate Agents Are Independent Contractors As A Matter Of Law If Requirements Met
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…
November 2022 California Employment Law Notes
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:
- Equal Pay Act Claim Should Not Have Been Dismissed
- Whistleblower Claim Should Not Have Been Dismissed In Part
- School District Employee May Have Been Discriminated Against On The Basis Of A Disability
- Offer To
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