Gonzales v. San Gabriel Transit
| Docket Number | B282377 |
| Decision Date | 08 October 2019 |
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27 cases
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Bowerman v. Field Asset Servs., Inc.
...Surveillance Corp. v. Henning , 62 Cal.App.5th 59, 276 Cal. Rptr. 3d 458, 468–69 (2021) ; Gonzales v. San Gabriel Transit, Inc. , 40 Cal.App.5th 1131, 253 Cal. Rptr. 3d 681, 701–04 (2019) ; Garcia v. Border Transp. Grp., LLC , 28 Cal.App.5th 558, 239 Cal. Rptr. 3d 360, 370–71 (2018). Here, ......
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Hill v. Walmart Inc.
...on conduct alleged to have violated a wage order, the Borello test remains appropriate." Gonzales v. San Gabriel Transit, Inc., 40 Cal. App. 5th 1131, 1157, 253 Cal.Rptr.3d 681 (2019), review dismissed , ––– Cal. App. 5th ––––, 275 Cal.Rptr.3d 681, 481 P.3d 1144 (2021); see also Garcia v. B......
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People v. Czirban
...Czirban, that the parties' agreement regarding the applicability of Borello was proper. (See Gonzales v. San Gabriel Transit, Inc. (2019) 40 Cal.App.5th 1131, 1140, 253 Cal.Rptr.3d 681 ; Henning, supra , 62 Cal.App.5th at pp. 62–63, 68–75, 276 Cal.Rptr.3d 458 ] [ Borello test governs assess......
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Vendor Surveillance Corp. v. Henning
...543, 769 P.2d 399 to determine whether a worker is an employee or an independent contractor." ( Gonzales v. San Gabriel Transit, Inc. (2019) 40 Cal.App.5th 1131, 1151, 253 Cal.Rptr.3d 681, review granted Jan. 15, 2020, No. S259027 ( Gonzales ).) Then in 2018, Dynamex addressed application o......
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2 firm's commentaries
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Employment Flash - December 2019
...Wage Orders (Wage Orders) and under the California Labor Code that are closely tied to the Wage Orders. Gonzales v. San Gabriel Transit, Inc., 40 Cal. App. 5th 1131 (Ct. App. 2019). The court stated that, with respect to the retroactivity of the ABC test in the context of Wage Order claims,......
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Key California Employment Law Cases: October 2019
...they need only pay premiums for missed meal and rest periods at the employee’s base hourly wage. Gonzales v. San Gabriel Transit, Inc., 40 Cal. App. 5th 1131, 253 Cal. Rptr. 3d 681 (2019) Summary: Dynamex’s ABC test applies retroactively to pending litigation and not only to claims brought ......
4 books & journal articles
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Employment Law: Select Cases
...subd. (b).42. Lawson, supra, 13 F.4th at pp. 913-916.43. Ibid.44. Id. at p. 917 (following Gonzales v. San Gabriel Transit (2019) 40 Cal.App.5th 1131, rev. dismissed , Mar. 17, 2021, ___ Cal.5th ___, 481 P.3d 1144).45. Vazquez II, supra, 986 F.3d 1106.46. Martinez v. Combs (2010) 49 Cal.4th......
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Employment Law Case Notes
...the PAGA.Determination of Class Certification Motion Should Be Based on Dynamex's "ABC Test" Gonzales v. San Gabriel Transit, Inc., 40 Cal. App. 5th 1131 (2019)Francisco Gonzales filed this putative class action against his former employer, San Gabriel Transit (SGT), alleging that he and 55......
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Employment Law: a Deep Dive Into Ab 5
...worked for a same-day courier and delivery service.3. Labor Code § 2750.3, subd. (a).4. Gonzales v. San Gabriel Transit, Inc. (2019) 40 Cal.App.5th 1131, 1154.5. A "placeholder" bill, introduced on December 3, 2018, added only section 2750.3, subd. (a) to the Labor Code and read: "It is the......
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Wage and Hour Case Notes
...ABC Test Applies Retroactively and to Labor Code Claims Enforcing the Wage Order's Protections Gonzales v. San Gabriel Transit, 40 Cal. App. 5th 1131 (2019)Plaintiff filed a wage and hour case for misclassification of drivers as independent contractors who worked for a transit company that ......