By: Eric M. Lloyd & Pamela L. Vartabedian

Seyfarth Synopsis: In a unanimous decision, the California Supreme Court held that the worker friendly “ABC” test set forth by the Court in its 2018 landmark ruling, Dynamex Operations West, Inc. v. Superior Court, applies retroactively. The ABC test thus applies to all pending cases governed by the California Wage Orders in
Continue Reading California Supreme Court Rules That Dynamex ABC Test Applies Retroactively

By: Eric Lloyd, Scott Mallery, and Kerry Friedrichs

Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5 (“AB 5”), a landmark piece of legislation governing their relationships with independent contractors, took effect on January 1, 2020.  Now, with the passage, executive signature, and immediate enactment of Assembly Bill 2257
Continue Reading California Enacts AB 2257, Providing Much-Needed Clarification and Adding Exemptions to AB 5


Continue Reading State Enforcement of AB 5 Against Motor Carriers Preliminarily Enjoined

By Alex Passantino

‘Twas the week before Christmas, in a year for the ages.

So here’s our latest recap of hours and wages.

The letters and laws. The regulations and cases.

A year’s worth of matters that impacted workplaces.

We begin up at One First, where SCOTUS debated

A trio of cases


Continue Reading Frosty, the Gig Worker Performing Work Outside the Usual Course of the Hiring Entity’s Business: 2019 Year in Review

By: Kerry Friedrichs and Elizabeth MacGregor

Seyfarth Synopsis:  The Ninth Circuit’s recent decision in Salazar v. McDonald’s Corporation is welcome news for entities facing concerns about joint employment status under California law, and in particular, for franchisors. In Salazar, the Ninth Circuit held that the plaintiffs, who were employed by a McDonald’s franchisee, were not also employed by McDonald’s under
Continue Reading Common Sense Prevails For California Franchisors: Ninth Circuit Focuses On Actual Control of the Worker in Joint Employment Analysis

By: Ryan McCoy and Kyle Petersen

Seyfarth Synopsis: Following the Federal Motor Carrier Safety Administration’s determination in December 2018 that federal law preempts California’s meal and rest break rules, observers questioned what deference courts would give to the agency’s determination.  This week, a Los Angeles Superior Court was the first California state court to apply the determination, dismissing armored truck
Continue Reading California State Court Yields To FMCSA’s Preemption Determination Over Drivers’ Meal And Rest Break Claims

By: Holger Besch

Seyfarth Synopsis: News Flash: “Caveat Propraetor” or “Proprietor Beware” might soon replace “Eureka” as the state motto of California.  Okay, that’s just melodramatic hyperbole, but one can imagine that business owners in the state might feel similarly given California’s increasingly hostile business environment. Ever expanding litigation exposure, particularly with regard to labor and employment class actions, weighs
Continue Reading Caveat Propraetor: Private Equity Firms Operating In California and Beyond Should Be Wary Of Expanding Labor And Employment Class Action Costs