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The California Supreme Court Addresses The “Employee” vs. “Independent Contractor” Question in Dynamex Operations West, Inc. v. Superior Court, 2018 WL 1999120, 2018 Cal. LEXIS 3152 (April 30, 2018)

ISSUE:

The California Wage Orders impose obligations on employers related to minimum wage, maximum hours, and minimum requirements for rest breaks, meal breaks, split shifts worked, and other employment conditions.  The purpose of the W… Read More

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Class Action Money and Ethics Conference 2018

Join your class action litigation colleagues -- including plaintiffs' lawyers, defense counsel, economic advisors and experts, litigation financiers, claims administrators, members of the judiciary, academics, government attorneys, Fortune… Read More

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California Court of Appeal Rules that On-Call Rest Breaks are Permissible

On December 14, 2014, in Augustus v. ABM Security Services, Inc., 2014 Cal. App. LEXIS 1209, the California Court of Appeal, Second Appellate District, reversed a $90 million judgm… Read More

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Categories: Rest Breaks

California Supreme Court Rules Security Guards are Entitled to Compensation for On-Call Hours, Including Sleep Time

On January 8, 2015, in Mendiola v. CPS Security Solutions, Inc., 2015 Cal. LEXIS 3, the California Supreme Court affirmed the Court of Appeal's conclusion that security guards' on-call time constitutes hours worke… Read More

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York Claims Service Wage and Hour Cases

On December 11, 2014, the trial court issued a proposed statement of decision following a class action trial that occurred in May of 2014. The issue in the case was whether Defendant York erroneously classified the class of 122 claims examiners/ad… Read More

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Ninth Circuit Rules that FedEx Drivers are Employees not Independent Contractors

On August 27, 2014, the Ninth Circuit in Alexander v. FedEx Ground Package System, Inc., 2014 U.S. App. LEXIS 16585 (9th Cir. 2014), held that FedEx drivers, who must wear FedEx uniforms, drive FedEx-approved vehic… Read More

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Ninth Circuit Allows California Employees to Pursue Class Action for Off-the-Clock Work

On September 3, 2014, the Ninth Circuit held that a class of employees could pursue their claims for off the clock work against their employer. In Jimenez v. Allstate Insurance Co., 765 F.3d 1161 (9th Cir. 2014), C… Read More

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Categories: Off-the-Clock Work

Court of Appeal Holds that California Employers Must Reimburse Employees for Personal Cell Phone Use at Work

The Court of Appeal for the Second Appellate District, in Cochran v. Schwan's Home Service, Inc., 228 Cal. App. 4th 1137 (2014), recently refuted one of the vogue arguments employers present to defeat class certifi… Read More

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