Newly-Published Labor and Employment Cases

Vazquez v. Jan-Pro Franchising Int’l
(9th Cir. 17-16096 5/2/19) Retroactive ABC Test/Franchises. 
Holding that the Dynamex ABC test applies retroactively, and applies in—and is not altered by—the franchise context. 

Lambert v. Tesla
(9th Cir. 18-15203 5/17/19) Arbitration/Title VII and Section 1981. 
Permitting compulsory arbitration of discrimination claims based on race under 42 U.S.C. § 1981.

Cedar Point Nursery v. Shiroma
(9th Cir. 16-16321 5/8/19) Takings/ALRB Regulation.
Regulation promulgated by the California Agricultural Labor Relations Board that gave union organizers access to employees at worksites under certain circumstances neither constituted a taking in violation of the Fifth Amendment to the U.S. Constitution nor an unlawful seizure of property in violation of the Fourth Amendment to the U.S. Constitution.

Perez v. City of Roseville
(9th Cir. 15-16430 5/21/19) Wrongful Termination/Qualified Immunity.
Withdrawing opinion published after Judge Reinhardt’s death, issuing new opinion holding that defendants were entitled to qualified immunity with respect to a probation officer’s Section 1983 claim based on the officer’s termination for participation in extramarital affair with coworker where the officer also violated department policy concerning cell phone use while on duty with respect to the relationship and was reprimanded for the infraction.

Dane-Elec Corp. v. Bodokh
(CA4/3 G055312 5/24/19) Wage & Hour/Defense Attorneys’ Fees. 
No recovery of attorney fees for a wage claim under Labor Code section 218.5 that is inextricably intertwined with a contract claim that would otherwise permit the employer to recover attorney fees when the wage claim is not brought in bad faith.