• 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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July 2021 employment law decisions

Failure to promote harassment claim accrues when the employee knows or reasonably should know about the promotion decision. July 26, 2021, California Supreme Court, Pamela Pollock v. Tri-Modal Distrib

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

April 2021 employment law decisions

University of California is not subject to California’s minimum wage law. April 23, 2021, Fourth District Court of Appeal, Guivini Gomez v. The Regents of the University of California: Gomez sued her