• Dean Royer

January 2021 employment law decisions

Employee versus independent contractor standard applies retroactively.

January 14, 2021, Supreme Court of California, Vazquez v. Jan-Pro Franchising International, Inc.: In 2018, the California Supreme Court adopted a new standard for determining employee versus independent contractor status for claims based on California’s wage orders (“ABC” test) in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903. At the request of the Ninth Circuit Court of Appeal, the California Supreme Court decided that the ABC test applies retroactively for all cases not yet final as of the date of the 2018 Dynamex decision.

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September 2021 employment law decisions

The Borello common law test applies to failure to reimburse expenses claims. September 30, 2021, Fifth District Court of Appeal, Veronica Becerra v. The McClatchy Company: Becerra filed a class action

July 2021 employment law decisions

Discipline resulting from peer review process is not protected by anti-SLAPP law. July 29, 2021, California Supreme Court, Aram Bonni v. St. Joseph Health System: Bonni alleged that the defendant hosp

April and May 2021 employment law decisions

Overtime pay may be disclosed in wage statements as the premium rate (.5 of the standard) rather than the cumulative standard plus premium rate. May 28, 2021, Fourth District Court of Appeal, General