Dynamex Operations West, Inc. V. Superior Court
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Dynamex Operations West, Inc. V. Superior Court
''Dynamex Operations W. v. Superior Court and Charles Lee, Real Party in Interest,'' 4 Cal.5th 903 (Cal. 2018) was a landmark case handed down by the California Supreme Court on April 30, 2018. A class of drivers for a same-day delivery company, Dynamex, claimed that they were misclassified as independent contractors and thus unlawfully deprived of employment protections under California’s wage orders. Their claims raised the question of what the appropriate standard was to determine whether workers should be classified as employees or as independent contractors under California’s wage orders. In a unanimous opinion, the California Supreme Court held that workers are presumptively employees for the purpose of California’s wage orders and that the burden is on the hiring entity to establish that a worker is an independent contractor not subject to wage order protections.''Dynamex'', 4 Cal.5th at 916–17. The Court also held that in order to establish that a worker is an indep ...
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Tani Cantil-Sakauye
Tani Gorre Cantil-Sakauye (née Cantil; born October 19, 1959) is an American lawyer and jurist who was the 28th Chief Justice of California and is the president/CEO of the Public Policy Institute of California. Nominated by Governor Arnold Schwarzenegger for California's highest judicial office on July 22, 2010, and retained in office by California voters on November 2, 2010, she was sworn in on January 3, 2011 as California's first Filipino American and second female Chief Justice. Prior to her appointment as chief justice, Cantil-Sakauye had served in judicial offices on California's appellate and trial courts. On July 27, 2022, she announced she would retire and not run for another 12 year term on the court in November and step down on January 1, 2023, leaving Governor Newsom to appoint her replacement. On September 28, 2022, the Public Policy Institute of California announced that Cantil-Sakauye would become its president and chief executive officer, effective January 1, 202 ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Supreme Court Of California Case Law
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) * Supreme court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of la ...
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DoorDash
DoorDash, Inc. is an American company that operates an online food ordering and food delivery platform. The company is based in San Francisco, California. It went public in December 2020 on NYSE and trades under the symbol DASH. With a 56% market share, DoorDash is the largest food delivery company in the United States. It also has a 60% market share in the convenience delivery category. As of December 31, 2020, the platform was used by 450,000 merchants, 20,000,000 consumers, and one million deliverers. DoorDash has been criticized and sued for withholding tips, reducing tip transparency, antitrust price manipulation, listing restaurants without permission, and allegedly misclassifying workers. History In the fall of 2012, Stanford University students Tony Xu, Stanley Tang, Andy Fang and Evan Moore were getting feedback on a mobile app for small business owners when a macaroon store owner told them of her challenges meeting demand for deliveries. In January 2013, they launch ...
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Lyft
Lyft, Inc. offers mobility as a service, ride-hailing, vehicles for hire, motorized scooters, a bicycle-sharing system, rental cars, and food delivery in the United States and select cities in Canada. Lyft sets fares, which vary using a dynamic pricing model based on local supply and demand at the time of the booking and are quoted to the customer in advance, and receives a commission from each booking. Lyft is the second-largest ridesharing company in the United States after Uber. History Lyft was launched in the summer of 2012 by computer programmers Logan Green and John Zimmer as a service of Zimride, a long-distance intercity carpooling company focused on college transport that they founded in 2007 after Green shared rides from the University of California, Santa Barbara campus to visit his girlfriend in Los Angeles and was seeking an easier way to share rides. In May 2013, the company changed its name from Zimride to Lyft. Later that year, Lyft sold the original Zimride ...
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Uber
Uber Technologies, Inc. (Uber), based in San Francisco, provides mobility as a service, ride-hailing (allowing users to book a car and driver to transport them in a way similar to a taxi), food delivery (Uber Eats and Postmates), package delivery, couriers, and freight transportation. Via partnerships with other operators such as Thames Clippers (boats) and Lime (electric bicycles and motorized scooters), users are also able to book other modes of transport through the Uber platform in some locations. Uber sets fares, which vary using a dynamic pricing model based on local supply and demand at the time of the booking and are quoted to the customer in advance, and receives a commission from each booking. It had operations in approximately 72 countries and 10,500 cities as of December 31, 2021. Uber offers many different types of ride options. UberX is the most popular and the standard service of the company. UberXL, Uber Comfort, and Uber Black are other options offered ...
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Gig Worker
Gig workers are independent contractors, online platform workers, contract firm workers, on-call workers, and temporary workers. Gig workers enter into formal agreements with on-demand companies to provide services to the company's clients. In many countries, the legal classification of gig workers is still being debated, with companies classifying their workers as "independent contractors", while organized labor advocates have been lobbying for them to be classified as "employees", which would legally require companies to provide the full suite of employee benefits like time-and-a-half for overtime, paid sick time, employer-provided health care, bargaining rights, and unemployment insurance, among others. In 2020, the voters in California approved 2020 California Proposition 22, which created a third worker classification whereby gig-worker-drivers are classified as contractors but get some benefits, such as minimum wage, mileage reimbursement, and others. Etymology of ''gig'' ...
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California Chamber Of Commerce
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the most populated subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento is the state's capital, while Los Angeles is the most populous city in the state and the second most populous city in the country. San Francisco is the second most densely populated major city in the country. Los Angeles County is the country's most populous, while San Bernardino County is the largest county by area in the country. California borders Oregon to the north, Nevada and Arizona to the east, the Mex ...
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Lorena Gonzalez (California Politician)
Lorena Sofia Gonzalez Fletcher (born September 16, 1971) is an American union leader and former politician. A Democrat, she served in the California State Assembly from 2013 to 2022, representing the 80th Assembly District, which encompasses southern San Diego. She was first elected to the Assembly in a 2013 special election to succeed Ben Hueso, who was elected to the State Senate in a special election. Gonzalez successfully sponsored and passed multiple pieces of legislation in California aimed at increasing healthcare access and putting more protections in place for workers. In 2016, she helped raise the minimum wage in California, which increased by $1 each year until full implementation at $15 per hour in 2022. She introduced Assembly Bill 5, which passed in September 2019 and required many workers to be classified as employees rather than independent contractors, providing them more protections under labor and minimum wage laws. In January 2022, Gonzalez resigned from th ...
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Fair Labor Standards Act Of 1938
The Fair Labor Standards Act of 1938 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "oppressive child labor".See and . It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage. The Act was enacted by the 75th Congress and signed into law by President Franklin D. Roosevelt in 1938. Practical application The Fair Labor Standards Act applies to "employees who are engaged in interstate commerce or in the production of goods for commerce, or who are employed by an enterprise engaged in commerce or in the production of goods for commerce" unless the employer can claim an exemption from coverage. Generally, an employer with at least $500,000 of business or gross sales in a year satisfies ...
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Los Angeles County Superior Court
The Superior Court of California, County of Los Angeles, is the California superior court with jurisdiction over Los Angeles County, which includes the city of Los Angeles. It is the largest single unified trial court in the United States. The Los Angeles Superior Court operates 38 courthouses throughout the county, including the Stanley Mosk Courthouse at the Los Angeles Civic Center. , the Presiding Judge is Samantha P. Jessner. Sherri R. Carter is the Executive Officer/Clerk of Court. With 5,400 employees and an annual budget of $769.5 million, the superior court operates nearly 600 courtrooms throughout the county.''A look at your Superior Court'', published by Los Angeles Superior Court History Stanley Mosk Courthouse in 1983 When California declared its statehood in 1849 and became a part of the United States, the first California Constitution authorized the legislature to establish municipal and such other courts as it deemed necessary. The 1851 California Judiciary Ac ...
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Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a de ...
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