California Labor & Employment Law Blog

FedEx Drivers are not Independent Contractors

October 14, 2007 - 11:51 AM

For the purposes of reimbursement of work-related expenses, drivers working for FedEx were employees and not independent contractors, a California Court of Appeal recently affirmed. FedEx hired the plaintiff class members as drivers.Upon being accepted for employment, the drivers executed agreements identifying each of them as an "independent contractor, and not as an employee ...;...
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Federal Judge Blocks “No Match” Rule

October 10, 2007 - 3:45 PM

U.S. District Court Judge Charles M. Breyer granted a preliminary injunction against the so-called "no match" program that would require employers to verify Social Security numbers andterminate workers whose numbers did not match official records.In a ruling issued on October 10, 2007, Judge Breyer granted the preliminary injunction after extending a restraining order blocking the...
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Governor Considers Bill to Expand Employee Rights to Protected Leave Under CFRA

October 2, 2007 - 6:19 PM

Governor Schwarzenegger is currently reviewing AB 537, a bill that would substantially expand the class of employees eligible to take leave under the California Family Rights Act ("CFRA"). CFRA requires employers with 50 or more employees to provide covered employees with up to 12 weeks of protected unpaid leave during any 12-month period 1) to bond with a child...
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Judge Further Delays Implementation of “No Match” Rule

October 2, 2007 - 2:52 PM

United States District Court Judge Charles R. Breyer has extended a temporary restraining order that prevents the Department of Homeland Security from implementing a rule requiring employers to fire employees after they receive notices from the Social Security Administration ("SSA") of discrepancies between the employees' names and social security numbers (so-called "no match" letters). According...
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Robin E. Weideman to Speak at Seminar Regarding Meal and Rest Break Class Actions and the Steps a Company Can Take to Ensure it is Not the Next Defendant

September 27, 2007 - 4:30 PM

On October 16, 2007, Robin E. Largent of the firm's Sacramento office will conduct a seminar for the Sacramento Area Human Resource Association, and will explain the latest meal and rest break class action trends, the implications of the recent meal and rest break decision by the California Supreme Courtin Murphy v. Kenneth Cole, and the...
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Recent Article Reminds Employers of Risks of Wage and Hour Litigation

September 26, 2007 - 3:09 PM

MSNBC recently published an article that reports on theonslaught of wage and hour litigation being commenced against employers throughout the nation (click here to review the article). This article should serve as a reminder to all employers of the potential risks associated with a failure to comply with wage and hour laws (including, but not...
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SB 622 Threatens More Penalties for Employee’s Misclassified as Independent Contractors.

September 25, 2007 - 12:00 AM

A bill sitting on Governor Schwarzenegger's desk would create even greater penalties for employees misclassified as independent contractors or exempt employees.SB 622, which was sent to Gov. Schwarzenegger's desk on September 20, 2007, would assess large civil penalties against employers who: (1) "willfully" misclassify employees as independent contractors; (2) "willfully" pay a non-exempt employee at a fixed salary;or (3)...
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Update Regarding Assembly Bill 1711

September 18, 2007 - 1:08 PM

The California Assembly adjourned the 2007 session without voting on Assembly Bill 1711, a bill that proposes sweeping changes to the Labor Code provisions regulatingmeal and rest break requirements imposed on California employers. The Labor Code amendments were proposed by Assembly Member Lloyd Levine on the last day members were permitted to make amendments, and we anticipate...
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Blog Editor

Cal Labor Law

Robin E. Largent is a Partner in CDF’s Sacramento office and may be reached at 916.361.0991 or BIO »

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