May 2019

29 May California’s Meal and Rest Period Rules Do Not Apply to Property-Carrying Commercial Vehicle Drivers

Posted at 13:49h in Employment Law

On May 2, 2019, a U.S. District Court Judge in Ayala v. U.S. Xpress Enterprises, Inc. granted a trucking company’s motion for partial summary judgment dismissing the meal and rest period claim from a putative wage and hour class action. The Ayala court based its...

20 May The Forum that Hears a Worker’s Claim Will Determine Employee or Independent Contractor Status

Posted at 09:31h in Employment Law

The determination of whether a particular worker is an employee or an independent contractor will depend on the administrative or judicial forum adjudicating the question. This week, the Associate General Counsel of the National Labor Relations Board issued an Advice Memorandum where she applied “the...

13 May Intra-State Truck Driver Need Not Arbitrate Unpaid Wage Claim

Posted at 07:00h in Employment Law

On May 1, 2019, a California court of appeal in Muller v. Roy Miller Freight Lines, LLC affirmed a trial court’s order denying an employer’s petition to compel arbitration of a truck driver’s class action claim for unpaid wages, despite him agreeing in a signed...

06 May Ninth Circuit Applies Dynamex “ABC Test” for Determining Independent Contractor Retroactively

Posted at 10:57h in Employment Law

On May 2, 2019, the U.S. Court of Appeals for the Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc. vacated a summary judgment in favor of an international janitorial cleaning business that had classified its janitors as “independent contractors” rather than “employees” under California...