AB 5 enshrined in law the California Supreme Court’s test for distinguishing employees from independent contractors. Voters could get a chance to dissolve California’s controversial worker classification law in 2022. Assemblyman Kevin Kiley (R-Rocklin), one of the measure’s most ardent opponents in the Legislature, announced he will try to qualify a ballot initiative to repeal …
The business model at Uber and other “gig economy” companies could take a big hit in California, thanks to a new state Supreme Court ruling—the companies might be forced to follow labor laws like paying the minimum wage. Currently, many companies classify their workers as independent contractors who aren’t eligible for a raft of legal protections, protections …
California court decision poses a major threat to Uber and Lyft: minimum wage laws Read More »
We applaud the Supreme Court’s decision to take up the DAPA and expanded DACA case, which will have profound consequences for our immigrant brothers and sisters who live and work every day under a cloud of fear, as well as for the state of racial and economic justice in our country. We are confident the …
Low-wage workers—regardless of immigration status—shoulder more than their fair share of workplace violations, including unpaid wages, unsafe working conditions, and discrimination and harassment. Immigrant low-wage workers are particularly vulnerable—working under constant fear that if they exercise basic workplace rights, they will suffer retaliation that could result in the separation of their families; loss of homes …
No free pass to discriminate against immigrant workers: Salas v. Sierra Chemical Co. Read More »
On August 5, 2010, the California Supreme Court issued a unanimous decision concerning the type of evidence a worker can rely upon to prove an employer discriminated against him or her. The Court’s decision concerns the so-called “stray remarks doctrine.” Justice Sandra Day O’Connor coined the term in a 1989 U.S. Supreme Court decision, writing …
The California Supreme Court is expected to render a decision in the Brinker v. Superior Court case later this year that will answer critical legal questions about the meal and rest break rights of hourly workers in California. At issue in the case is when and under what circumstances workers are entitled under California law …
California Supreme Court Set To Address Workers’ Meal And Rest Break Rights Read More »
In a landmark decision, California’s Supreme Court held that two women who were not involved in a workplace affair had grounds to sue because the women who were having affairs with the boss received preferential treatment. Prison and party don’t normally go together in my mind. But after reading about the workplace where the harassment …
This article originally appeared in My Employment Lawyer on November 8, 2009. Reprinted with permission from the author. One of the powerful but also somewhat underused claims that employees who are falsely accused of any kind of misconduct at workplace have is a claim for defamation (libel and slander). Proving a defamation claim in court …
Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.
