The California Supreme Court issued an opinion regarding the highly contested “Dynamex ABC” test. The court held in Vasquez v. Jan-Pro Franchising International, Inc. the test in Dynamex applies retroactively when determining whether a worker should be classified as an employee or independent contractor for the purpose of wage and hour laws applies retroactively.
The United States Supreme Court refused to hear the case brought by Cal Cartage Transportation Express LLC challenging the appellate court ruling upholding California’s Assembly Bill 5 (“AB5”). Though AB5’s impact on rideshare companies is often dissected, the law also significantly impacts the trucking industry, and can, without careful planning, expose trucking companies to Nuclear Verdicts™.
On January 1, 2022, the nation’s first warehouse transparency law will go into effect, permanently changing the quota requirements in the warehouse distribution industry. AB 701 requires warehouse employers provide employees with written disclosures related to distribution quotas. Employees will not be required to fulfill these quotas at the expense of meal or rest breaks.
On November 4, 2021, the Second District Court of Appeal, Division 2, ruled against establishing tort liability for insurers who paid less than what the hospital believed to be the “reasonable and customary value.” This partially published opinion is based on the underlying suit between plaintiffs Long Beach Memorial Medical Center and Orange Coast Memorial Medical Center (collectively “the hospitals”) and defendant Kaiser Foundation Health Plan, Inc. (“Kaiser”) stemming from alleged underpayment by Kaiser for emergency medical services rendered at the hospitals.