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Bicvan Brown

Employees vs. Independent Contractors – More Bad News for California Businesses: Dynamex Strengthened and Retroactively Applied

The lower Court in Vazquez v. Jan-Pro Franchising International, Inc. (9th Cir. 17-16096 5/2/19) had rendered a decision in a decade-old class action. Subsequently, last year in April 2018, the California Supreme Court decided Dynamex Operations West v. Superior Court… Continue Reading →

In Addition to No Wage and Hour Liability Against Payroll Provider, Now No Contract and Negligence Liability

Goonewardene v. ADP, LLC, et al. (SC S238941 2/7/19). The California Supreme Court has recently decided that a payroll company cannot be held liable to an employee for breach of contract and negligence in calculating wages. The existing law is… Continue Reading →

Courts Continue to Enforce Arbitration Agreements

On September 25, 2018, the United States Court of Appeals for The Ninth Circuit followed the U.S. Supreme Court’s lead by enforcing class action waivers in arbitration agreements. This a significant win for employers, and Uber in particular. Uber drivers… Continue Reading →

Supreme Court to Review Enforceability of Class Action Waivers in October, Not June

On January 13, 2017, the U.S. Supreme Court announced it will review three cases to determine whether class action waivers in arbitration agreements are lawful. It was thought the issue would be decided by June 30, 2017. On Wednesday, the… Continue Reading →

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