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Author Archives: Alan Steinbrecher

Dynamex Update: Not a Passing Fancy

In previous blogs we have discussed the California Supreme Court’s seminal decision in Dynamex Operations West, Inc. v. Superior Court, which established a new and extremely limiting test for determining whether a worker is an employee or independent contractor.  Initially, there was some debate over how expansive it might prove to be, and how much […]

California’s New Standard For Determining Workers’ Status Widens

Last year, the California Supreme Court abruptly changed the standard for determining whether a worker is an employee or independent contractor of the hiring company.  In Dynamex Operations West, Inc. v. Superior Court of Los Angeles, 4 Cal.5th 903 (2018), a case involving delivery drivers for a package company, the Court unanimously held that a […]

A Potentially Disruptive Ruling for California Employers

On April 30th the California Supreme Court issued an opinion that almost certainly will cause significant changes in how many businesses, particularly those which rely on independent contractors, will conduct their California operations in the future.  The 82-page ruling in Dynamex v. Superior Court is predicted to seriously impact the business model of many companies […]

Jurisdiction Over Corporations Quietly Restricted – Probably For Good

In a major, although widely unappreciated shift, the United States Supreme Court has significantly restricted the ability of courts to exercise jurisdiction over corporations.  This change reduces the likelihood that a corporation has to appear in a court to answer for alleged conduct that has little to do with their operations in that state.  No […]

Beware Waiting to Compel Arbitration

Some defendants, when facing a lawsuit filed in federal court, may elect to litigate in that court even though a binding arbitration provision is available to them. The reasons for doing so may be unimpeachable, such as availability of certain types of relief or the potential for precedential decisions. A strategy to delay making that […]