In last Thursday’s Vazquez v. Jan-Pro Franchising, the Ninth Circuit made several impactful findings related to the infamous Dynamex decision:

  1. Aligning with several state court decisions supporting retroactivity, the Ninth Circuit ruled that Dynamex’s ABC test applies retroactively.
  2. It also applied Dynamex to a multi-level franchise structure, expanding the test beyond the independent contractor context.
  3. Last, the Court issued guidance to the district court on remand reaffirming the difficulty of “passing” the ABC test.


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On January 13, 2017, the US Supreme Court agreed to determine whether arbitration agreements that include class action waivers are legally enforceable under the National Labor Relations Act (NLRA). In doing so, the Court granted the petitions for certiorari, and consolidated, three cases from the US Court of Appeals for the Fifth, Seventh and Ninth

Wage and hour claims have exploded over the past several years.  Now, with the U.S. Department of Labor’s proposed changes to the salary and duties tests for determining exempt status, it doesn’t appear that wage and hour litigation will slow down any time soon.  What will the DOL’s proposed changes mean for employers?  What can be done to decrease the risk of litigation?  What strategies should employers adopt to evade wage and hour class actions?

Please join us for a July 29, 2015 webinar in which we will discuss:

  • The DOL’s proposed heightened qualification standards for exempt status
  • Current state-level exemption requirements
  • Mooting wage and hour claims
  • Class action waivers and mandatory arbitration policies


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