In an April 28, 2021 decision, the Ninth Circuit determined that that the application of California’s ABC test (also known as AB-5) to motor carriers is not preempted by the Federal Aviation Administration Authorization Act of 1994. The ABC test is a judicially-created independent contractor test that was ultimately codified via AB-5
Continue Reading Ninth Circuit Rules California’s ABC Test is Not Preempted by the Federal Aviation Administration Authorization Act
The Ninth Circuit recently overturned a district court’s grant of class certification on a wage statement claim under California Labor Code §226 because there were no “real-world consequences” stemming from the alleged misidentification of the employer’s name on the wage statement.
Continue Reading Ninth Circuit Strikes Down California Wage Statement Class Action for Plaintiff’s Failure to Show “Real World Consequences” to Establish Standing
Does an individual who receives a single text message, in violation of the Telephone Consumer Protection Act of 1991, have standing to sue in federal court?
Continue Reading 11th Circuit Says Single Text Message Does Not Convey Standing in TCPA Action
In a positive development for employers, the California Court of Appeals affirmed summary judgment for an employer in a class action alleging willful violations of the Federal Fair Credit Reporting Act.
Continue Reading California Court of Appeals Bolsters Willfulness Defense to FCRA Actions
This morning, the U.S. Supreme Court punted a key Equal Pay Act case back to the Ninth Circuit because the decision’s author, Judge Stephen Reinhardt, passed away shortly before the decision was formally issued.
Continue Reading Supreme Court Vacates Deceased Judge’s Key EPA Decision
If your background check forms include too much information about rights under state law, or even grammatical errors, you might be in trouble according to the Ninth Circuit.
Continue Reading State Law Information + Unclear Wording = FCRA Violations
The U.S. Supreme Court voted to hear an appeal of the Ninth Circuit’s decision in Varela v. Lamps Plus, Inc. The Court is expected to decide whether workers can pursue their claims through class-wide arbitration when the underlying arbitration agreement is silent on the issue. The case could have wide-reaching consequences for employers who use arbitration agreements.
Continue Reading SCOTUS to Review Right to Class Arbitration in Silent Agreements