Labor and Employment Law
Ca. Labor & Emp't Rev. September 2014, Volume 28, No. 5
Content
- Labor & Employment Law Section Executive Committee 2013-2014
- Masthead
- Adr Update: Enforceability of Arbitration Clauses and Who Decides
- Ayala v. Antelope Valley Newspapers, Inc.: Employer's Perspective
- Cases Pending Before the California Supreme Court
- Employment Law Case Notes
- Inside the Law Review
- Iskanian v. Cls Transportation of Los Angeles: Employee's Perspective
- Iskanian v. Cls Transportation of Los Angeles: Employer's Perspective
- MCLE Self-Study: Duran v. U.S. Bank: Employee's Perspective
- MCLE Self-Study: Duran v. U.S. Bank: Employer's Perspective
- Message From the Chair
- Nlra Case Notes
- Public Sector Case Notes
- Salas v. Sierra Chemical Co.: Employee's Perspective
- Salas v. Sierra Chemical Co.: Employer's Perspective
- Wage and Hour Update
- Ayala v. Antelope Valley Newspapers, Inc: Employee's Perspective
Ayala v. Antelope Valley Newspapers, Inc: Employee’s Perspective
By Aaron Kaufmann and Scott Nelson
Aaron Kaufmann is a partner at Leonard Carder LLP, where he represents workers in individual and class action employment litigation. He argued for the California Employment Lawyers Association as amicus to the California Supreme Court in Ayala v. Antelope Valley Press. Scott Nelson is a senior attorney at Callahan & Blaine. His practice focuses on employment and business litigation. He represents plaintiffs and argued on their behalf before the supreme court in Ayala v. Antelope Valley Newspapers, Inc.
Ayala v. Antelope Valley Newspapers, Inc.1 was a significant victory for workers who are wrongly classified as independent contractors, as it provides a clearer path for class treatment of their employment status. Ayala holds that the foremost consideration for class certification in an independent contractor misclassification case is whether there is a common way to show the extent of the hirer’s "right to control" the workers. Ayala also provides substantive guidance on the right to control and "secondary indicia" of employment, and how they interplay when determining whether common issues predominate and thus justify certifying the class.