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California Supreme Court Adopts Stricter ABC Test To Determine Employment Status

Published on May 21, 2018

In a landmark decision, the California Supreme Court adopted a new test that assumes workers are employees for purposes of claims under the Industrial Welfare Commission Wage Orders, unless the entity can show that the worker is free from its control, performs work outside the usual course of the entity’s business, and is customarily engaged in an independently established occupation.

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U.S. Supreme Court Holds FLSA Exemption Should Not Be “Narrowly Construed”

Published on April 6, 2018

On Monday, the United States Supreme Court issued an opinion analyzing the scope of an exemption under the Fair Labor Standards Act (FLSA) for salesmen primarily engaged in selling or servicing automobiles. The Court’s opinion, however, will most likely have implications for other exemptions under the FLSA beyond just this one exemption.

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