Seyfarth Synopsis: Employment-related cases pending before the California Supreme Court concern various questions that sometimes seem technical, but the answers they elicit will have big consequences. Questions raised by the current crop of cases include standing to sue, the availability of certain claims and remedies, federal preemption of California laws, what counts as compensable time, and—that perennial favorite—how to interpret
Continue Reading 2019 Employment Law: Cases Pending in the California Supreme Court

Seyfarth Synopsis: The California Supreme Court heard oral arguments yesterday morning in Dynamex Operations v. Superior Court, a case addressing the legal standard for determining whether a worker should be classified as an independent contractor or an employee. We expect the Supreme Court’s opinion will be significant for any entity using independent contractors in California.

The Story Thus Far

As
Continue Reading California Supreme Court Hears Oral Argument to Define “Independent Contractor”

            What happens when an employee makes a claim for unpaid wages, and wins?  The employee, as the prevailing party, has a statutory right to recover the attorney’s fees reasonably incurred in achieving the victory. 

            What happens when an employee makes a claim for unpaid wages (other than minimum wage or overtime)[1] and loses?  The employer, as prevailing party, could
Continue Reading Score Another One For Plaintiffs: CA Legislature Makes Claiming Statutory Fee Awards More Difficult for Winning California Employers In Wage Disputes