Employee Classification | Sansanowicz Law Group

Arbitrator’s Failure to Void Non-Compete, Non-Solicitation Provisions Violated Employee’s Statutory Rights Under B&P § 16600.

Arbitration, Employee Classification, Non-compete, PAGA, Wage and Hour

Brown v. TGS Mgmt. Co., LLC, 57 CalApp5th 303 (Oct. 13, 2020) Plaintiff appealed the trial court’s confirmation of an arbitration award in Defendant’s favor. Relying on Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1 and on Business & Professions Code section...

California Supreme Court Finds the ABC Standard, Not S.G. Borello & Sons, Is the Proper Standard to Analyze Employee vs. Independent Contractor Status

Employee Classification, Labor Code, Wage and Hour

Dynamex Operations West, Inc.,v. Superior Court (Lee), 4 Cal. 5th 903 (2018) In 2010, the California Supreme Court issued the seminal case of Martinez v. Combs.1 Martinez confirmed that, as defined in the wage order,2 the term “employ” had three alternative...

Noe v. Super. Ct.

Employee Classification

Labor Code Section 226.8 Extends Liability to Any Employer Who is Aware That a Co-Employer Has Willfully Misclassified Their Joint Employees and Fails to Remedy the Misclassification, But the Section Does Not Confer a Private Right of Action. Noe v. Super. Ct. (June...

Arbitrator’s Failure to Void Non-Compete, Non-Solicitation Provisions Violated Employee’s Statutory Rights Under B&P § 16600.

California Supreme Court Finds the ABC Standard, Not S.G. Borello & Sons, Is the Proper Standard to Analyze Employee vs. Independent Contractor Status

Noe v. Super. Ct.

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