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The California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court continues to change the legal landscape.  On May 2, 2019, the 9th Circuit Court of Appeal revived a decade old lawsuit, Vazquez v. Jan-Pro Franchising Int’l., applying Dynamex’s ABC test retroactively and dismissing substantial due process concerns.  While dismissing the defendant’s arguments against retroactive application, the 9th Circuit went on to render an extremely employee-friendly decision, solidifying two key points:  first,…
Calculating the correct overtime pay rate in California has long been a complicated process.  The basic overtime rate is defined as one and a half times an employee’s “regular rate” of pay.  This purportedly “regular” figure may change from pay period to pay period when an employee earns shift differentials, different hourly rates for different jobs, or lump sum bonuses.  Such was the case in Alvarado v. Dart Container Corporation of California. In…