From TravelMarket, Richard D’Ambrosio discusses concerns about whether travel agents in California will continue to be independent contractors. Richard writes: The California Coalition of Travel Organizations [CCTO] has issued a “call to action,” urging California travel agencies, tour operators and independent agents to contact their state senators and assembly members to resist calls for new…
From JDSupra, Michelle Roberts Gonzales and Tao Leung discuss two cases involving arbitration clauses in California. In the first case, the court enforced the arbitration clause because the employee’s continuing employment amounted to acceptance of the agreement. In the second case, the court did not enforce the agreement because of deficiencies in the terms of the…
Teamsters.org reports that California truck drivers were awared $1.2 Ten California port truck drivers who haul cargo for Best Buy, Puma and Lowe’s have been awarded more than $1.2 million by the California Labor Commissioner for wage theft due to misclassification as independent contractors. The decision orders K&R Transportation, which was purchased by NFI Industries in…
From JDSupra, Hazel Poei and Benjamin Tulis report on the progress of California Assembly Bill 5 which would turn the ABC standard adopted by the California Supreme Court last year into law. Hazel and Benjamin write: On March 26, 2019, proposed Assembly Bill 5, which would codify the California Supreme Court’s controversial Dynamex decision, was amended to…
From The National Law Review, Emilia A. Arutunian discusses a recent case in which the court said that a party could not be compelled to arbitrate California’s Private Attorney General Act (PAGA) claims without the government’s consent. Emilia writes: The trial court granted the arbitration petition on all causes of action except for the PAGA…
From the Los Angeles Times, Margot Roosevelt wrote an outstanding article describing many of the challenges of the gig economy and independent contractor classification. Margot writes: When Kristyn Hansen first took a job at Stews Barber Shop, she cut hair nine hours a day, three days a week. She earned no overtime pay, had no mandated…
From ABC 10 San Diego News, Mackenzie Maynard reports on protests by exotic dancers against the ABC standard adopted by the California Supreme Court and included in a bill by Assemblywoman Lorena Gonzalez. Mackenzie reports: SAN DIEGO (KGTV)- It was a battle over workers rights at a rally downtown Thursday. Assemblywoman Lorena Gonzalez directly addressing…
From JDSupra, Jennifer Santa Maria discusses a recent case in which a California Court of Appeal said an arbitration agreement was not enforceable because it contained a waiver of California’s Private Attorneys General Act (PAGA) claims and the clause could not be severed. Jennifer writes: On appeal, the California Court of Appeal agreed with the trial court, finding…
From Lexology, Don Willenburg discusses a recent California case in which home care workers were found to be employees. Don writes: California courts have again put their thumb on the scale on the employee side of independent contractors and employees. In Duffey v. Tender Heart Home Care Agency, the court of appeal ruled that an in-home…
In this unpublished opinion, a California appellate court said that the client of a staffing agency could enforce an agreement requiring arbitration against the employee of a temporary staffing agency. While this case cannot be cited or relied upon, the reasoning and citations are instructive: California Rules of Court, rule 8.1115(a), prohibits courts and parties…