Natalie Kreeger

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Rounding Employee Time in California Is Called Into Question Under New Appellate Decision

While neutral rounding policies have historically been approved by California courts, the Sixth District California Court of Appeal recently held in Camp v. Home Depot, 84 Cal.App.5th 638 (2022), that employers who utilize...more

12/5/2022 / Appeals , CA Supreme Court , California , Compensation , Summary Judgment , Timekeeping

Ninth Circuit Upholds Portions of California Law Prohibiting the Use of Mandatory Employment Arbitration Agreements

The Ninth Circuit Court of Appeals has vacated a preliminary injunction issued in January 2020 that prohibited California from enforcing Assembly Bill 51 (“AB 51”), which barred employers from requiring employees to sign...more

9/30/2021 / Appeals , Arbitration , Arbitration Agreements , California , Enforcement , Federal Arbitration Act , Labor Code , Mandatory Arbitration Clauses , Preliminary Injunctions

California Judge Enjoins Proposition 22 as Unconstitutional in Classifying App-Based Drivers as Independent Contractors

In November 2020, California voters passed a ballot initiative, Proposition 22, by an overwhelming majority. Proposition 22 exempts certain app-based drivers from the requirements of California’s Assembly Bill 5 (AB 5) by...more

9/8/2021 / ABC Test , CA Supreme Court , California , Corporate Counsel , Employee Definition , Independent Contractors , SEIU , Unconstitutional Condition

California Appellate Court Decisions Impact Wage and Hour Actions

Two recent California appellate decisions will impact wage and hour class actions and representative actions. Donohue v. AMN Services, LLC - California law requires that employers “must generally provide employees with...more

3/10/2021 / Appellate Courts , CA Supreme Court , California , Class Action , Labor Code , Rest and Meal Break , Wage and Hour

California Rules 'ABC' Independent Contractor Test Applies Retroactively

In Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018), the California Supreme Court held that any individual who performs work for a person or entity is presumed to be an employee who falls within the...more

1/25/2021 / ABC Test , Borello Test , CA Supreme Court , California , Dynamex , Employee Definition , Independent Contractors , Labor Code , Retroactive Application , Wage Orders

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