June 2019 California Employment Law Notes

Strict Independent Contractor Test Applies Retroactively
Vazquez v. Jan-Pro Franchising Int’l, 2019 WL 1945001 (9th Cir. 2019)

Last year, the California Supreme Court in Dynamex Ops. W. Inc. v. Superior Court, 4 Cal. 5th 903 (2018), adopted the so-called “ABC test” for determining whether a worker is an employee or independent contractor and in so doing made it much more difficult for a hirer to properly classify a worker as an independent contractor. The ABC test requires the hirer […]

By | June 4th, 2019 ||

A Milestone In Turkish Employment Law: Renewed Severance Compensation System

The Finance Minister of the Republic of Turkey has recently announced that the severance payment system, which is potentially the most controversial issue of recent history of Turkish employment law, is going to be structurally revised and implemented by the end of 2019. Not only has this official government announcement given a massive impetus to the final phase of these long-awaited, and much debated, revisions, but it has also re-ignited discussions on the ideal […]

By | June 4th, 2019 ||

Hunton Employment & Labor Prespective: Continued Employment Supports Consent To Arbitrate

Recently, the California Court of Appeals, Second District, in Diaz v. Sohnen Enterprises, 2019 S.O.S. 1722, ruled that an employee impliedly consents to an arbitration agreement by simply continuing to work, despite never signing the arbitration agreement and even outright rejecting it.

Prior to distributing arbitration agreements to its employees, Sohnen notified them that it was adopting a new dispute resolution policy requiring arbitration of all claims and specified that continued employment would constitute an […]

By | June 3rd, 2019 ||