Joseph S. Persoff

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California Supreme Court Applies Dynamex Independent Contractor Test Retroactively

By Joseph S. Persoff on January 14, 2021 Posted in California, Independent Contractor

The California Supreme Court has concluded that the ABC Test it developed for determining whether a worker is an independent contractor or employee applies retroactively. Therefore, the ABC Test, first developed in the Court’s Dynamex decision, applies to California wage and hour claims implicating a time period prior to issuance of the Dynamex decision on … Continue Reading

California Expands Family Leave to Employees of Small Employers

By Joseph S. Persoff on September 24, 2020 Posted in California

California passed a new law expanding family leave rights to employees working for employers with five to 50 employees. The family leave rights were previously limited to employees of employers with more than 50 employees. Under this new law, employees of small employers would be entitled to up to 12 weeks of unpaid leave during any … Continue Reading

California Enacts COVID-19 Sick Leave for Workers

By Nancy Inesta and Joseph S. Persoff on September 11, 2020 Posted in California

Last week, California enacted a law, Assembly Bill (AB) 1867, providing supplemental COVID-19-related sick leave to food-sector workers and workers employed by a company with 500 or more employees nationwide. The law requires employers of such employees to provide sick leave – in addition to any other leave the employee may be entitled to – … Continue Reading

NLRB: Being Abusive Is Not Protected Union Activity

By Michael Chamberlin and Joseph S. Persoff on July 27, 2020 Posted in NLRB, Unions

Under the National Labor Relations Act (NLRA), a union member cannot be disciplined for forming or joining unions, bargaining collectively, or engaging in other activities for the purpose of collective bargaining, such as striking. But this protection does not immunize a union member from discipline for any type of inappropriate conduct while engaging in protected … Continue Reading

Second Circuit Says No California Anti-SLAPP Motions in Federal Court

By Joseph S. Persoff on July 16, 2020 Posted in California

The Second Circuit Court of Appeals has split with the Ninth Circuit Court of Appeals and concluded that California’s statute to avoid strategic lawsuits against public participation (anti-SLAPP) does not apply in federal court. The initial impact of the decision is limited, as it would not have binding effect on California district courts. This decision … Continue Reading

California Supreme Court reopens the door for SLAPPing retaliation and discrimination claims

By Joseph S. Persoff on August 5, 2019 Posted in Discrimination

The California Supreme Court has ruled that a former employee’s retaliation or discrimination claim can be dismissed at the initial stages of litigation via California’s anti-SLAPP statute. In Wilson v. CNN, decided July 22, 2019, the court overturned decisions of several courts of appeal that held otherwise and returned a strong tool to employers in … Continue Reading

California Supreme Court: Payroll Companies Not Liable to Client’s Employees for Unpaid Wages

By Joseph S. Persoff on February 14, 2019 Posted in Policies, Supreme Court

The California Supreme Court has cut off another avenue for employees to sue payroll provider companies for unpaid wages. California courts have previously found that employees cannot sue a payroll company under a theory that the company is the “employer.” In a new decision, the California Supreme Court held that employees cannot sue payroll companies for unpaid … Continue Reading