Litigation

Ca. Litig. Rev. 2023

EMPLOYMENT LAW: SELECT CASES

Written by Kathleen A. Brewer*

WHO AM I? EVOLVING DEFINITIONS OF "EMPLOYER" AND "EMPLOYEE"

In 2023, the California Supreme Court and several courts of appeal, including the Ninth Circuit, navigated definitional waters to clarify key questions about the meaning of "employer" and "employee" for purposes of liability and protection under various employment laws. This article analyzes three of those cases, which both expand and narrow the definitions and should become part of every employment practitioner’s lexicon.

WHEN IS AN AGENT AN EMPLOYER UNDER FEHA?

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