California Law Creates New Risk Factor

Last year, California enacted AB 5 imposing the so-called A-B-C test for employee status under California's Labor Code.  The legislation basically extended the California Supreme Court's holding in Dynamex Operations West, Inc. v. Superior Court, 4...

Did Laban Have An Enforceable Employment Agreement With Jacob?

Chapter 29 of the Book of Genesis recounts Jacob's offer to work for his Uncle Laban for seven years in return for the hand of Laban's younger daughter, Rachel.  I assume that under then applicable choice of law principles the contract was governed...

Court: Operating Agreement Did Not Grant Terminated Employees Lifetime Jobs

An employment agreement is one thing and an operating agreement quite another.  In ITV Gurney Holding Inc. v. Gurney, Cal. Ct. Appeal Case No. B281694, the board of a limited liability company fired two employees who were also managers.  The two...

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