New Ninth Circuit Ruling Applies Dynamex Decision Retroactively – Making It Hard to Say Workers aren’t Employees

The San Francisco Chronicle reported on May 2, 2019, that the California Supreme Court Dynamex decision can be applied retroactively. Dynamex changed the rules in the new gig economy – the sector of the economy that uses apps to help drive business while giving workers flexible hours. Both the Dynamex decision and...

40th Year Helping California Employees as Your Employment Lawyer

As we at Los Angeles Employment Attorney look forward to our 40th year of helping employees throughout California turn employer wrongs into employee rights, we'd like to share in this blog one of our greatest frustrations, employees who quit without trying to solve their work-related issues first. These concerns run ac...

Have You Been Mis-Classified as an Employee or Independent Contractor – The Answer May Be Crucial to the Success of Your Case

When analyzing an employment law case, one must first determine whether the worker was an employee or independent contractor. This is important because in California employment-at-will means that an employer can fire an employee for just about any reason other than one that is prohibited under law. The following is a b...

$5.8 Million Awarded in Class Action Wage and Hour Claim

Just this Tuesday, the United States Supreme Court upheld a $5.8 million award in a class action lawsuit against Tyson Foods, Tyson Foods v. Bouaphakeo. Court-watchers across the country are hailing the decision as a “setback to corporate America” (The Los Angeles Times), and a boon for employees’ seeking justi...

Misclassification and Racial Discrimination Claims in Los Angeles

Ms. Jewel Gardner, a former employee of DineEquity Inc. (and formerly its predecessor, International House of Pankakes, and then IHOP), who had dedicated 22 years of work to her employer, has filed a California wage and racial bias lawsuit against the company.  As wage and misclassification lawsuits grow in number acr...

California’s Equal Pay Act Put to the Test, and Sexual Discrimination Against Bikram’s Choudhury

This past week we saw several cases of employers who not only discriminated against their employees but also retaliated against them after the employees complained.  Classic cases with a new spin helping workers against companies that placed them in hostile work environments. Once interesting case reported by our ...

Huge Victory for Truckers in Major Meal and Rest Break Period Breakthrough Case

An important case this week within the Meal and Rest Break realm was revived by a California Judge when he certified a class action lawsuit brought by a number of truckers.  The two truckers who brought the case on behalf of 154 other truckers alleged that a trucking company by the name of Vitran Express, Inc. discour...

Worker Classification Cases Abound and the DOL Responds

Several more cases this week showed how worker (mis)classification remains a hot topic in the California employment law landscape.  One of the cases was settled for $295,000 when a class of trucking company driver managers brought claims that they were misclassified as exempt from overtime employees.  As opposed to m...

Recent Cases in Employee Privacy Rights, Workplace Arrangements, and Overtime

Three cases from this week showed how employee privacy, workplace arrangements, and overtime remain hot topics in the California employment law landscape. The first case is a settlement by Sony Pictures where it agreed to pay at least $2 million dollars and up to $4.5 million to a proposed class of former and curren...