The May issue of our Section’s Labor & Employment Law Review will lead off with an MCLE article by Shannon Liss-Riordan and Anastasia Doherty entitled “The New ABC’s of California Employment Law.” The article reviews recent case law interpreting, and initiatives challenging, the application of the ABC test under Dynamex Ops. W. v. Superior Court, 4 Cal. 5th 903 (2018). Ms. Liss-Riordan has brought and won groundbreaking lawsuits that have shaped the law protecting workers in multiple industries, such as Dynamex, Vazquez v. Jan-Pro Franchising Int’l, Inc., 10 Cal. 5th 944 (2021), and others.
That is followed by a counterpoint MCLE article by Paul Marron and Steven C. Rice entitled “Vasquez’s Retroactivity Holding Creates Unintended Consequences for Independent Contractors.” The article discusses the unintended consequences of the ABC test that can undermine franchise systems or other specially-regulated nonemployee business relationships. Messrs. Marron and Rice represented Taxicab Paratransit Association of California as amicus curiae on behalf of defendant-respondent in Vazquez v. Jan-Pro Franchising Int’l.
In addition to the above, the issue features our usual case updates on employment law generally, wage and hour, public sector, labor law, and ADR, an update on cases pending before the California Supreme Court, as well as a calendar of upcoming educational opportunities.
Finally, Section Chair Deborah Maddux provides perspectives on how returning to “normal” post-pandemic will present unique challenges and opportunities for labor and employment practitioners and the Section.
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