Independent Contractor or Employee? The Answer Just Changed.

The test for whether a California worker is an employee or an independent contractor just changed. California courts and government agencies facing this question have long used complex multi-factor tests with outcomes that are difficult to predict. On April 30, 2018, in Dynamex Operations West, Inc. v. Superior Court (S222732), the California Supreme Court replaced…

California’s Puppy Lemon Law: The Polanco-Lockyer Pet Breeder Warranty Act

California dog and cat buyers are protected by a 1995 law titled “The Polanco-Lockyer Pet Breeder Warranty Act” (the “Act”), commonly called the “Puppy Lemon Law,” which provides several ways to get compensation for a dog or cat that dies or becomes ill within a set time after purchase. The Act covers breeders and pet…

Miller v Fortune Commercial Corp.: My Own Views

This California decision on who is an authorized service dog trainer, and what constitutes a training activity, raises several issues that it doesn’t fully address. Presumably that’s because they’re peripheral to the case being decided, but they are important to other disputes likely to arise under state and federal law. I decided to explore them…

Service Dog Law for Dog Trainers

Service dogs are a source of great confusion, not only in the general public but among professionals whose work touches on them and similar animals. Dog trainers may be particularly interested in how the laws affect the training of current or potential service dogs. This article concludes by explaining the role of dog trainers and…

What’s The Law on Service Dogs?

Here are some tips on what a service dog is, how to tell real service dogs from fakes, and how to interact with their owners. The number of legitimate service dogs seen in public has risen sharply in recent years, but is at least matched by both fake service dog numbers and public confusion over…

Who Is An Authorized Service Dog Trainer

Miller v. Fortune Commercial Corp. This is a 2017 California case arising out of events in August 2012 that analyzes the right to bring a service dog into a food establishment and makes an important holding regarding who constitutes an authorized service dog trainer. Factual Background A young man with intellectual disabilities and autism tried…