California Supreme Court Determines Dynamex Applies Retroactively As many of you know, the California Supreme Court decided the Dynamex case in April of 2018. That case determined that the “ABC test” controlled whether a worker was properly classified as an employee or…
On March 19, 2020, the senate passed, and the president signed into law, the Families First Coronavirus Response Act. The new law has many provisions that affect you as an employer. The bill provides: Expanded FMLA Coverage For School Closures—The…
In February, the California Supreme Court issued a ruling regarding compensation for off-duty time. The case was brought by a class of Apple employees that claimed they were required to work off the clock. Apple has a policy that, if an…
The United States Court of Appeals for the Ninth Circuit held today that the landmark decision that redefined the analysis surrounding independent contractor classification, Dynamex Ops W. Inc. v. Superior Court, applies retroactively. This means that wage claims alleging that…
The article featured in Location Matters by Lauren Bushman, Associate at TencerSherman Employee handbooks are like a good sunscreen, one generally does not realize the importance of protection until they get burned. Employment claims are on the rise and can…
After nearly two decades of litigation, the California Supreme Court pronounced a new standard for determining whether a worker is categorized as an employee or independent contractor. In this decision, delivery drivers who were once categorized as employees and later…
TencerSherman is proud to announce that Sam Sherman was selected for the 2018 San Diego Super Lawyers list. Here’s your chance to catch up on the latest happenings of excellent attorneys in your area with the release of the 2018 San…
The California Supreme Court dealt another blow to employers defending wage and hour litigation in California by ruling that PAGA plaintiffs do not need to show good cause to justify broad discovery of the names and contact information of all…
Many employers require employees to sign agreements that waive their right to bring a case in state court and agree to bring any claims through arbitration. Such agreements are generally enforceable as long as they contain required language. The question…
The Ninth Circuit Court of Appeal recently held that an employer’s attorney could be liable for retaliation after he reported an undocumented employee in a wage and hour claim to the Immigration and Custom Enforcement agency. (Arias v. Raimondo (9th…