To spell them some relief, advocates have been pushing to get rid of court fees imposed by counties and the state. Their efforts have led to some success, in the form of a Senate bill introduced earlier this year that would repeal the state’s authority to collect such fees and in moratoriums by some counties against imposing them.
(Subscription required) The good news is that legislative negotiations are ongoing. At a recent committee hearing on AB 5, both labor and the employer community acknowledged that good faith discussions were underway and would continue. At the end of the day, the question for California employers will be whether the legislature provides any meaningful relief, or does further harm by merely codifying and expanding an already-difficult standard.
Based on the ABC Test's broad language, thousands of people who have traditionally been classified as contractors -- such as insurance and real-estate agents, construction workers, personal trainers and gig economy workers -- could be converted to employee status. The costs would be immense.
(Subscription required) With very limited exceptions, the California Supreme Court and U.S. Supreme Court hear oral argument in all appeals. They do not ask counsel if they want to waive oral argument. Anyway, who would pass up a chance to argue in these courts? Thus, whether to waive oral argument is a live issue only when a California Court of Appeal asks you whether you would like to waive.
(Subscription required) After studying a case file, for example, Mori said she’ll draft a list of bullet points and recite them from the bench before parties speak. “I can and typically will summarize my understanding of the facts to the parties,” she said. “And they can let me know if they think I’ve gotten something wrong.”