What's New - Rediger Labor Law

29 Jul Ninth Circuit Withdraws Its Opinion Applying Dynamex Test Retroactively

Posted at 14:38h 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. applied the California Supreme Court’s April 2018 Dynamex decision retroactively. In Dynamex, the Supreme Court created the “ABC test” for determining when a worker will...

23 Jul A “Class Action” Requires Plaintiffs Show More Than Workers Were Misclassified

Posted at 10:17h in Class Action

On July 15, 2019, a California court of appeal in McCleery v. Allstate Insurance Co. affirmed a trial court’s order that denied the plaintiffs’ motion to certify their wage and hour lawsuit as a class action. The plaintiffs alleged they were engaged by three service...

15 Jul New Law Will Prohibit Employers from Discriminating Based on Hairstyle

Posted at 12:58h in Employment Law

On July 3, 2019, Governor Newsom signed Senate Bill No. 188 amending California’s anti-discrimination laws so that the definition of “race” will include “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles,” such as “braids, locks, and twists.” The...

09 Jul Ninth Circuit Makes Clear That Employees Must Be Paid for All Time Worked

Posted at 09:43h in Employment Law

On June 28, 2019, the Ninth Circuit Court of Appeals in Rodriguez v. Nike Retail Services, Inc., reversed s summary judgment in favor of Nike in a class action lawsuit seeking compensation for the time employees had to undergo exit inspections every time they left...

02 Jul Employee Who is “Potentially Disabled” May Proceed to Trial Over His Claims

Posted at 10:00h in Employment Law

On June 10, 2019, a California court of appeal in Ross v. County of Riverside reversed a lower court’s grant of summary judgement in favor of an employer because it found that questions of fact existed over whether an employee was “physically disabled” and entitled...

24 Jun Employer May Bar Union Organizers From Public Areas on its Property

Posted at 08:59h in Labor Law

On June 14, 2019, the National Labor Relations Board in UPMC Presbyterian held that an employer may bar nonemployees from soliciting its employees on behalf of a union on company property that is open to the public, provided the employer applies its policy in a...

10 Jun Employee’s Failure to Allege Religious Discrimination in EEOC Charge Not Fatal to Her Lawsuit

Posted at 14:33h in Employment Law

On June 3, 2019, the U.S. Supreme Court in Fort Bend County, Texas v. Davis held that an employee’s failure to file a charge with the EEOC alleging discrimination on the basis of her religion was not fatal to her lawsuit alleging religious discrimination against...

03 Jun No Attorney’s Fees for Employer That Prevails on Wage Claim, Even When Authorized in Contract

Posted at 09:57h in Employment Law

On May 24, 2019, a California court of appeal in Dane-Elec Corp. v. Bodokh reversed an award of attorney’s fees to an employer that prevailed on its complaint against its former chief executive officer to recover on a promissory note, and on the cross-complaint brought...

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