U.S. Supreme Court,
Labor/Employment,
Constitutional Law,
California Supreme Court
Oct. 14, 2019
NLRA may preempt AB 5 under the Garmon doctrine
While AB 5 may answer classification issues arising under state law, the new law’s possible application in National Labor Relations Board proceedings poses a substantial question as to whether the new law is unconstitutional because it is preempted by the National Labor Relations Act under the Garmon doctrine.
Mark S. Ross
Special Counsel
Sheppard, Mullin, Richter & Hampton LLP
Email: mross@sheppardmullin.com
Mark is in the Labor and Employment Practice Group in the firm’s San Francisco Office.
The Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 4th 903 (2018), decision and its adoption of the highly restrictive ABC test seemingly closed the door once and for all on the issue of whether and when a California worker may properly be classified as an independent contractor under California law. However, there was absolutely no s...
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