Newsletters

05.31.19

One Year Later: Top Five Takeaways of the Dynamex Decision

The reverberations of the California Supreme Court’s April 2018 decision in Dynamex Operations West, Inc. v. Superior Court continue for employers in the state.


05.31.19

Continued Employment Means Arbitration Acceptance, California Court Rules

By continuing to work for a company, the plaintiff impliedly accepted an arbitration agreement, a California appellate panel has ruled, reversing the denial of a motion to compel arbitration.


05.31.19

The Gig Economy: Uber Drives Home Victory With NLRB

In a new Advice Memorandum, the general counsel of the National Labor Relations Board (NLRB) declared that Uber drivers are independent contractors and not employees.


05.31.19

Supreme Court to Address Sexual Orientation Discrimination

The U.S. Supreme Court has agreed to consider a trio of cases addressing sexual orientation discrimination next term, answering two contested questions that have split the courts.


04.24.19

First Circuit: Age May Be Just a Number

Discriminatory animus cannot be inferred simply because a 62-year-old employee was replaced by a 36-year-old worker for a new position that was inferior to the plaintiff’s previous job, the U.S. Court of Appeals for the First Circuit has ruled.


04.24.19

Arbitration: Supreme Court Deals a Near Death Blow to Class Action Arbitration

The Supreme Court, in a sharply-divided 5-4 ruling issued on April 24, ruled that nothing in the Federal Arbitration Act allows courts to compel class action arbitration even if the contract is ambiguous in that regard, and notwithstanding rules that direct courts to interpret such ambiguities most ...


04.24.19

Arbitration: Supreme Court Deals a Near Death Blow to Class Action Arbitration

The Supreme Court, in a sharply-divided 5-4 ruling issued on April 24, ruled that nothing in the Federal Arbitration Act allows courts to compel class action arbitration even if the contract is ambiguous in that regard, and notwithstanding rules that direct courts to interpret such ambiguities most ...


03.27.19

DOL Steers Middle Course With White Collar Exemption Proposal

After several years and much uncertainty, the Department of Labor (DOL) published a new proposed rule that would raise the annual minimum salary requirement for the Fair Labor Standards Act (FLSA) “white collar” overtime exemption to $35,308, or $679 per week.


02.27.19

Calling California Employers: On-Call Shifts May Trigger Reporting Time Pay

An employer’s on-call scheduling practice triggered the reporting time pay requirements of California’s Wage Order 7, an appellate court in the state recently held, reversing dismissal of the suit.


01.08.19

Impact of Dynamex Continues to Grow

We continue to see the impact of the California Supreme Court’s Dynamex Operations West, Inc. v. Superior Court of Los Angeles decision about what is the legal standard to determine whether workers should be classified as employees or independent contractors.