AB5 Update: California Legislature Seeks Shake-Up of Gig Economy; Any Impact of CA Independent Contractor Laws on Franchisors Remains Unclear

By Mark Kemple, David W. Oppenheim, Ashley M. Farrell Pickett and Michael Wertheim on September 24, 2019 Posted in California, GT Alert, Independent Contractors

On Sept. 18, California Gov. Gavin Newsom signed Assembly Bill 5 (AB5) into law. AB5, effective Jan. 1, 2020, seeks to codify and clarify a California Supreme Court case (Dynamex Operations West, Inc. v. Superior Court of Los Angeles), which dramatically changed the standard for determining whether workers in California should be classified as employees … Continue Reading

2 Steps Forward, 1 Step Back: California Supreme Court Nixes Plaintiffs’ Ability to Recover Unpaid Wages Under PAGA, but Forecloses Defendants’ Path to Arbitration

By Mark Kemple, Ashley M. Farrell Pickett and Michael Wertheim on September 13, 2019 Posted in Arbitration, California, GT Alert, Labor & Employment, overtime, State Law

On Sept. 12, 2019, the California Supreme Court in ZB, N.A. v. Superior Court of San Diego County (Lawson) delivered a victory for California employers, clarifying that a plaintiff bringing a Private Attorneys General Act (PAGA) action may not recover as a “civil penalty” the “wages” referenced in Cal. Labor Code section 558, and thereby … Continue Reading

California Supreme Court: Civil Penalties for Employers Accused of Violating California’s Occupational Safety and Health Act

By Michael Taylor and Adam Roseman on February 13, 2018 Posted in OSHA, Workplace Safety

On Feb. 8, 2017, the California Supreme Court ruled that California law allows local prosecutors to pursue civil penalties against employers accused of workplace-safety violations under California’s Occupational Safety and Health Act (Cal OSHA). Solus Indus. Innovations, LLC v. Superior Court, No. S222314, 2018 WL 771814 (Cal. Feb. 8, 2018). This means that California employers … Continue Reading