On Monday, April 30, 2018, the California Supreme Court issued its long-awaited ruling in Dynamex Operations West v. Superior Court. The new ruling adopts a new worker classification test and makes it easier for independent contractors to be found to be employees under California Industrial Welfare Commission (IWC) wage orders, which impose obligations relating to minimum wages, maximum hours, overtime, and a number of very basic working conditions such as minimally required meal and rest breaks. Whether it will impact compliance issues beyond the Wage Orders remains to be seen.  This decision will impact employers who rely on independent contractors to conduct their business.

Continue Reading.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Lindsay E. Hutner Lindsay E. Hutner

Lindsay E. Hutner is Co-Chair of the firm’s Labor & Employment Practice’s Employment Litigation & Trials Group. Lindsay is a focused, practical, and dedicated litigator, whose clients trust her to not only vehemently defend their interests, but offer pragmatic, no-nonsense advice, all with

Lindsay E. Hutner is Co-Chair of the firm’s Labor & Employment Practice’s Employment Litigation & Trials Group. Lindsay is a focused, practical, and dedicated litigator, whose clients trust her to not only vehemently defend their interests, but offer pragmatic, no-nonsense advice, all with an eye toward their business needs. She works closely with clients in defending both class actions and single-plaintiff cases involving employment discrimination, harassment, retaliation, wage and hour, PAGA, unfair competition, enforcement of non-competes and other restrictive covenants, misappropriation of trade secrets, wrongful termination, and breach of contract.

With more than fifteen years of experience collaborating with employers ranging in size from start-ups to large public companies, Lindsay has wide-ranging experience advising employers on virtually all facets of employment relationships. Lindsay regularly counsels clients on all manner of topics, including the design and implementation of employment practices and handbooks, proper employee classification, wage and hour concerns, family and medical leave, workplace investigations, risk assessment of harassment and discrimination claims, terminations, and various employment laws, including the California Fair Employment and Housing Act, California wage and hour laws, Business & Professions Code section 17200, Title VII of the Civil Rights Act of 1964, California Family Rights Act, the federal Family Medical Leave Act and the Fair Labor Standards Act. She also conducts on-site trainings and workplace audits. She also drafts all types of employment agreements, including executive employment contracts and severance and release agreements.

Lindsay has been invited to speak at a number of programs covering a wide variety of employment law issues and is the co-chair of PLI’s annual conference, Cutting-Edge Employment Law Issues. Lindsay also writes frequently and is the co-editor of PLI’s California Employment Law treatise, and a contributing editor of PLI’s Employment Law Yearbook; both treatises are updated annually and focus on employment law issues for employment law practitioners.