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Federal Court Strikes Down NLRB’s New Joint Employer Rule, Leaving 2020 Rule in Place for Now

On March 8, 2024, a federal district court in Texas vacated the National Labor Relations Board’s 2023 joint employer rule. The 2023 rule, which was set to take effect on March 11, would have expanded the joint employer test...more

DOL Proposes New Rule Clarifying the Test for Classification of Workers

On September 22, 2020, the U.S. Department of Labor (DOL) issued a new proposed rule that would substantially simplify the test for determining whether persons are employees or independent contractors under the Fair Labor...more

In Dispute Over Timecard Rounding, California Court of Appeals Issues ‘Balanced’ Ruling

Timecard rounding is a tricky area of employment law. Employers like rounding because it streamlines timekeeping and payroll; employees like it because it gives them the chance to get paid for time they did not actually work...more

9th Circuit Puts Brakes on Joint Employment Claims

Companies doing business in California and elsewhere scored a victory yesterday in one of the fastest growing areas in employment law: joint employment claims. In a significant opinion, the U.S. Court of Appeals for the 9th...more

Supreme Court Upholds FLSA Collective Action Waivers in Arbitration Agreements

On May 21, 2018, the U.S. Supreme Court held that employees can waive their right to participate in a collective action under the Fair Labor Standards Act (FLSA). This is a major victory for employers seeking to limit...more

California Supreme Court Adopts "ABC" Test for Independent Contractor Status Under California Wage Orders

The California Supreme Court issued its long-awaited opinion in Dynamex Operations West v. Superior Court, in which the court considered the appropriate test to use when determining whether a worker is an employee or...more

Supreme Court Grants Second Review of FLSA Overtime Exemption for Auto Service Advisors

On September 28, 2017, the Supreme Court announced it will consider for a second time whether service advisors in automobile dealerships are exempt from overtime compensation under the Fair Labor Standards Act (FLSA)....more

Landmark Ruling: Franchisor Not Liable Absent Employment Related Control

On August 28, 2014, the California Supreme Court issued a landmark ruling in favor of Domino's Pizza and all business format franchisors that do business in California. In Patterson v. Domino's Pizza, LLC, ---P.3d---, 2014 WL...more

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