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 determining whether a worker is an
Continue Reading As Easy as 1-2-3, Court Rules ABC Test Applies Retroactively

Seyfarth Synopsis: California’s hotly contested and closely followed AB 5 independent contractor bill, which would extend the ABC test beyond Wage Order claims, just passed the California Senate, and now heads back to the State Assembly for reconciliation before going to Governor Newsom’s desk for his expected signature.

Tell Me What You Think About Me: The Destiny of AB 5
Continue Reading Who Are Independent (Contractors)? Throw Your Hands Up At Me!

Seyfarth Synopsis: Employers are starting to consider “on demand” pay for employees. Before considering whether to implement an “on demand” pay program, employers should consider laws on wage deduction and wage assignment as well as the administrative support needed for such a program.

Instant gratification is a fact of daily life, and there is no denying we have come to
Continue Reading On Demand: It’s Not Just About Movies—It’s About Pay!

Seyfarth Synopsis:  June 7, 2018, when the city’s new Paid Sick Leave rules take effect, marks the latest chapter in the City by the Bay’s long history of imposing local employment standards that exceed state requirements. Here’s what you need to know before this latest San Francisco peculiarity begins.

On May 7, 2018, after considering public input on proposed rules
Continue Reading San Francisco-Peculiarities: Fog Lifts on City’s New Paid Sick Leave Rules

Paga is a city in Ghana, well-known for its crocodile pools.  PAGA, California’s Private Attorneys General Act of 2004, allows employees to sue their employers on behalf of themselves and other “aggrieved” employees to recover penalties for Labor Code violations.  What do the two, other than a shared moniker, have in common?  Run afoul of either and you’re bound to
Continue Reading Plaintiffs’ Bar Agog Over PAGA’s Subsequent Violations