CALIFORNIA APPELLATE COURT LIMITS APPLICATION OF DYNAMEX TO WAGE ORDER VIOLATIONS ONLY

by Michelle R. Ferber and Julie Ann Giammona After months of uncertainty, finally, an Appellate Court has spoken with regard to the application of Dynamex to cases involving claims other than alleged wage order violations. In Garcia v. Border Transportation Group, the court concluded that the Dynamex ABC test, which determines independent contractor status, only applies to claims arising from

Employment Law Seminar – Preview of 2019 and Continuing Trends

  Ferber Law would like to invite you to our upcoming Employment Law Seminar.  We will provide a preview of 2019 and continuing trends in employment law.  The details are: DATE:  Tuesday, October 2, 2018 TIME:  9:00 a.m. to 9:30 a.m. Breakfast 9:30 a.m. to 11:30 a.m. Presentation/Questions PLACE:   Roundhouse Conference Center, Shasta Room 2600 Camino Ramon (in BR 2600) San

AN EPIC WIN FOR EMPLOYERS: UNITED STATES SUPREME COURT ENDORSES CLASS ACTION WAIVERS

by Julie Ann Giammona and Michelle R. Ferber Employers across the nation received a green light from the United States Supreme Court in Epic Systems Corp. v. Lewis (May 2018) to include class action waivers in arbitration agreements. The Court specifically concluded that arbitration agreements which provide for individualized arbitration preventing class actions do not violate the National Labor Relations