Recently indexed
Analysis of new laws and key decisions in California wrongful-termination and employment law.
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Kirby v. Immoos Fire Protection, Inc.
Neither Labor Code section 1194 nor section 218.5 authorizes an award of attorney fees to a party that prevails on a section 226.7 claim;…
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Pineda v. Bank of America, N.A.
Section 203(b) contains a single, three-year limitations period governing all actions for section 203 penalties, regardless of whether the penalty claim is accompanied by…
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Smith v. Superior Court (L’Oreal)
“Discharge” under sections 201 and 203 includes not only firing but also releasing an employee upon completion of the particular job assignment or time…
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Harris v. Superior Court
Courts may not treat the administrative/production worker dichotomy as a dispositive test for the administrative exemption; the exemption must be analyzed under the language…
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Tidewater Marine Western, Inc. v. Bradshaw
The DLSE’s interpretive policies constitute regulations and are void because they were not adopted under the Administrative Procedure Act (the “underground regulation” rule); nevertheless,…
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Dynamex Operations West, Inc. v. Superior Court: California Adopts the ABC Test for Worker Classification
Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 adopts the “ABC test” for California wage-order claims: a worker is presumed an…
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Vazquez v. Jan-Pro Franchising: The Dynamex ABC Test Applies Retroactively
Vazquez v. Jan-Pro Franchising International, Inc. (2021) 10 Cal.5th 944 holds that the ABC test adopted in Dynamex applies retroactively — to all cases…
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Sav-On Drug Stores v. Superior Court: Deferential Review and the Theory-of-Recovery Test for Class Certification
Sav-On Drug Stores v. Superior Court (2004) 34 Cal.4th 319 holds that wage-and-hour class certification is reviewed for abuse of discretion and turns on…
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S.G. Borello & Sons v. Department of Industrial Relations: California’s Multifactor Control Test for Independent-Contractor Status
S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 sets California’s multifactor control test for employee vs. independent-contractor status…
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Duran v. U.S. Bank: Statistical Sampling, Trial Plans, and the Due-Process Right to Litigate Defenses
Duran v. U.S. Bank National Assn. (2014) 59 Cal.4th 1 holds that a class-action trial plan using statistical or representative proof must still let…