California - General

The California Court of Appeal, in its recent decision in Schmidt, et al. v. Superior Court, County of Ventura 2020 Cal. App. LEXIS 54 (January 22, 2020), affirmed the trial court’s ruling in favor of the employer, the Ventura County Superior Court.

The battle over the scope and applicability of the so-called “ABC test” in determining California employers’ potential liability under wage and hour and other state labor laws continues unabated. On January 21, 2020, plaintiffs in a case under review asked the Supreme Court of California to define t

On Wednesday, January 15, 2020, the California Supreme Court agreed to review a second case raising questions as to the scope and retroactivity of its landmark 2018 Dynamex decision.

Recently, the California Court of Appeal reviewed an appeal regarding citations issued against a sheet metal company, Nolte Sheet Metal in Nolte Sheet Metal, Inc. v. Occupational Safety and Health Appeals Board.

More states are enacting so-called “red flag laws,” which allow certain entities and/or individuals to obtain restraining orders to remove firearms from an individual deemed by the courts to be a threat to themselves or others. While the first red flag law went into effect decades ago—Connecticut en

Earlier this week, the Southern District heard arguments regarding the grant of a preliminary injunction to prevent the enforcement of Assembly Bill 5 (“AB 5”) against motor carriers operating within California.

On the eve of the Assembly Bill 5 (“AB 5”) effective date, Judge Roger Benitez granted the California Trucking Association’s (“Association”) request for a Temporary Restraining Order to prevent enforcement of the law which the Association argued requires truckers to be classified as employees instea

While the trucking industry waits for the federal court to hear arguments on the California Trucking Association’s request for an injunction against application of AB5, Judge William Highberger of the Los Angeles Superior Court ruled on January 8, 2020, that AB 5 runs afoul of the Federal Aviation A

The U.S. District Court for the Eastern District of California heard oral argument on January 10, 2020, on whether to enter a preliminary injunction preventing the State of California from enforcing AB 51 while the court resolves the underlying challenge to the new law on the merits. Chamber of Comm

Earlier today, the U.S. District Court for the Eastern District of California heard oral arguments on whether the court should enter a preliminary injunction preventing the State of California (State) from enforcing AB 51 while the court resolves the underlying challenge to the new law on the merits

In Kim v. Reins International California, Inc. 18 Cal.App.5th 1052 (2017), the California Court of Appeal for the Second Appellate District held an employee-plaintiff that settled and dismissed his individual claims was no longer an “aggrieved employee” for purposes of standing to bring a claim for

The California Trucking Association (“Association”) challenges Assembly Bill 5 (“AB 5”) by arguing the Federal Aviation Administration Authorization Act (“FAAAA”) of 1994 preempts state laws “relating to a price, route or service of any motor carrier”. After the California Supreme Court decided Dyna

Recently, the U.S. Federal Trade Commission issued an important opinion, concluding that Cambridge Analytica, LLC, the data analytics and consulting company, engaged in “deceptive practices to harvest personal information” of tens of millions social media users, by way of using their data from a com

On January 2, 2020, the Attorney General for the State of California released the title and summary of Initiative 19-0026—a proposed ballot measure that would overturn the state’s recently enacted independent contractor law, AB 5, with respect to app-based transportation providers and delivery drive

Welcome and thank you for your interest in the 2020: The Year Ahead for Employers and the California Year-End Summary.

Some business leaders and HR professionals may be waking up this morning not realizing they must provide a “Notice at Collection” to some or all of their employees and applicants under the new California Consumer Privacy Act (CCPA).

The State of California has been temporarily enjoined from enforcing its prohibition on mandatory employment arbitration agreements under Assembly Bill 51. Chamber of Commerce of the United States, et al. v. Becerra, et al., No. 2:19-cv-2456 (E.D. Cal. Dec. 30, 2019). The motion for a preliminary in

A federal court in California has prevented, at least for now, an expansive anti-arbitration law from taking effect on January 1, 2020. Under Assembly Bill (AB) 51, enacted on October 10, 2019, employers cannot require applicants, employees, and potentially independent contractors in the Golden Stat

As 2019 comes to a close, here is a look ahead to some of the legislation going into effect on January 1, 2020, that affects employers in California.

Businesses subject to the California Consumer Privacy Act (“CCPA”) are working diligently to comply with the law’s numerous mandates, although final regulatory guidance has yet to be issued. Many of these businesses are learning that AB25, passed in October, requires employees, applicants, and certa