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Key California Employment Law Cases: April 2021 | Payne & Fears

California Trucking Association v. Bonta , No. 20-55106, 2021 WL 1656283 (9th Cir. Apr. 28, 2021) Summary:  The Federal Aviation Administration Authorization Act does not preempt the “ABC test” for determining whether a worker was an employee or independent contractor. Read our in-depth analysis HERE. Wilson-Davis v. SSP America Inc., No. B306781, 2021 WL 1338078 (Cal. Ct. App. Mar. 11, 2021) Summary:  A collective bargaining agreement will not be interpreted as requiring arbitration of statutory wage-and-hour claims unless it contains a clear and unmistakable agreement to arbitrate such claims. Facts:  Plaintiff Tramon Wilson-Davis was employed as a dishwasher by Defendants SSP America LAX, LLC (“SSP LAX”) and SSP America, Inc. (“SSP Inc.”) (food, beverage, and concessions services providers at Los Angeles International Airport). In December 2018, SSP Inc. and labor union Unite Here Local 11 entered into a collective bargaining agreement covering “certain e

9th Circuit: Labor Management Relations Act Does Not Preempt Claims Against Ambulance Service

Health your username 4 hours ago The Ninth Circuit on Tuesday reversed an Eastern District of California decision to dismiss a labor rights case by an individual against her former employer, Medic Ambulance Service Inc., effectively remanding the matter to state court. Plaintiff Meghan Silva originally filed suit in a state court against Medic over allegations that her employer violated California Labor Code § 226.7 by requiring her to remain on call during break periods. The defendant removed the case to the district court, arguing that the Labor Management Relations Act (LMRA) preempts at least one of the plaintiff’s claims; the court sided with the defendant despite a motion to remand by Silva, finding that her claims were preempted. Later, the court dismissed Silva’s suit with prejudice, so she appealed the denial of her motion to remand.

Returning to Work in a Vaccinated World

Tuesday, April 13, 2021 INTRODUCTION For more than a year, the world has reacted to and adjusted for COVID-19. Now, with the arrival of COVID-19 vaccines, there is light at the end of the tunnel and individuals and companies can start moving forward and planning for a new normal. As companies in all industries have undoubtedly been affected, employers must remain cognizant of various issues as offices and facilities reopen and employees return to work. At this critical juncture, it is important to recognize that guidelines and best practices are still changing. Regulatory agencies have issued protocols and guidance, and local, state, and federal governments have passed laws and issued executive orders to guide this process. Identifying and incorporating various safety precautions based on those recommendations may help protect employers and employees alike.

How Labor Unions Work

How Labor Unions Work
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