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Archive by tag: LLPReturn

AB5: A Major Shift in CA Worker Classification

On September 18, 2019, California Governor Gavin Newsom signed into law the controversial Assembly Bill 5 (AB5), which codified the California Supreme Court’s Dynamex decision issued in April 2018. Governor Newsom hailed “AB5” as “landmark...By: Locke Lord LLP
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Locke Lord LLP | Oct 23,2019 |

IL Bans Salary History Inquiries

Following in the footsteps of numerous other states and localities, the Illinois legislature has amended the Illinois Equal Pay Act, effective September 29, 2019, to prohibit employers from inquiring about the wage or salary history of applicants for...By: Locke Lord LLP
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Locke Lord LLP | Oct 23,2019 |

“Super-Sized” Win Delivered to California Franchisors

Ninth Circuit Clarifies Joint Employer Classification - McDonald’s was not a joint employer of its franchisees’ workers, the U.S. Ninth Circuit Court of Appeals found recently in a decision that provides additional clarity to California franchisors....By: Best Best & Krieger LLP
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Best Best & Krieger LLP | Oct 22,2019 |

The More Things Change, the More They Remain the Same: Worker Classification in the Gig Economy - Labor & Employment Newsletter

What Is the “Gig Economy”? The “gig economy” is the catchall term for an ever-growing range of temporary, flexible, autonomous work arrangements that are often enabled by technology platforms, such as websites or apps that connect workers directly...By: Bradley Arant Boult Cummings LLP
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Do Not Apply AB 5 Too Broadly

Perhaps the biggest news coming out of California’s Legislature this year was the passage of Assembly Bill 5 – the new law that codifies the 2018 Dynamex case and which imposes a new test for determining employee or independent contractor status for...By: Best Best & Krieger LLP
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Best Best & Krieger LLP | Oct 22,2019 |

Delaware Court Of Chancery Applies Entire Fairness Standard To Breach Of Fiduciary Duty Claim Arising From Asset Sale That Benefited Senior Preferred Unitholder

On October 11, 2019, Vice Chancellor Kathaleen S. McCormick of the Delaware Court of Chancery dismissed all but one claim arising out of an asset sale by Pro Performance Sports, LLC (“Pro Performance”) to private equity firm Implus Footcare LLC...By: Shearman & Sterling LLP
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Shearman & Sterling LLP | Oct 22,2019 |

Lovin’ It: Ninth Circuit Rules McDonald’s Is Not a Joint Employer

The U.S. Court of Appeals for the Ninth Circuit ruled that McDonald’s is not a joint employer with a franchisee under the definitions found in California Wage Order 5-2001, as it did not have direct control over the store employees or “suffer or...By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Oct 22,2019 |

Employees Cannot Contractually Limit Title VII Claims

Employers cannot shorten the time period in which employees can file a Title VII claim by contract, the U.S. Court of Appeals for the Sixth Circuit has ruled....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Oct 22,2019 |

[Event] 24th Annual Labor & Employment Seminar - November 7th, Northbrook, Illinois

Join in-house legal counsel, business leaders, human resource executives and other professionals for Hinshaw's 24th Annual Labor & Employment Seminar, an informative, one-day program that examines and analyzes a wide range of current issues affecting...By: Hinshaw & Culbertson LLP
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Hinshaw & Culbertson LLP | Oct 22,2019 |

The DOL Tries to Say Goodbye—And Seriously, We Mean It—to the 80/20 Rule for Tipped Employees

We have all admired (or perhaps been one ourselves) the multitasking, be everywhere and do everything restaurant server. But one question that has long vexed employers in the service industry is how to properly compensate servers who bounce between...By: Foley & Lardner LLP
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Foley & Lardner LLP | Oct 22,2019 |
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