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Juarez v. Jani-King of California, Inc., et al.

United States District Court (N.D. Cal.)Case No. CV 09-03495 SC

Case Type:  Consumer Rights

This is a case brought by janitorial workers against a national janitorial cleaning company for violations of the California Labor Code.  California law provides that when a worker claiming violations of the Labor Code offers evidence that she has performed services for another, an employment relationship is presumed and the burden is on the employer to prove an independent contractor relationship.  The Court granted summary judgment to Defendants on Counts 1-5 and 8-13 of Plaintiffs’ First Amended Complaint and Plaintiffs’ complaint was dismissed with prejudice in 2012.  The case is now on appeal before the Ninth Circuit, is fully briefed, and awaiting argument.

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