Fitness Studios in California, including those that provide training in yoga, strength conditioning and stationary bike classes, have for years flourished in California by using workers classified as independent contractors. In fact, fitness instructors working for...
Employees and Independent Contractors are as different as apples and oranges. California Governor Gavin Newsom signed Assembly Bill 5 into law on September 18, 2019 . AB-5 will have a significant impact on the so-called gig economy in California. With the...
The Private Attorneys General Act is a Powerful Tool The California Labor Code Private Attorneys’ General Act of 2004 (“PAGA”) permits private persons to seek civil penalties on behalf of the State of California and other workers for alleged violations of...
“He who shakes the tree is the one to gather the fruit.” E. A. Strout W. Realty Agency, Inc. v Lewis (1967) Written by Patrick R. Kitchin California law requires employers to pay sales commissions to employees in accordance with their commission...
The California Supreme Court continued its ongoing reassessment of the relationship between the Federal Arbitration Act (FAA) and California’s laws and public policies. Issues of Federal Preemption In Iskanian v. CLS Transportation Los Angeles , the Court held that...
Salon Owners Must Exercise Caution Salon owners in California who pay employees on a commission wage basis are subject to liability for failing to pay all wages due. Under California law “commissions” are a form of wages applicable only to an employee who sells a...