By Calvin House | Published August 22, 2021 | Posted in Uncategorized |
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⟩ Alameda Superior Court Judge Invalidates Proposition 22
On August 20, 2021, Alameda Superior Court Judge Frank Roesch struck down Proposition 22, the app-based industry initiative that exempted app-based drivers from laws that applied to employees. You can read the full text of the decision here. There were two grounds for the decision: The exemption from laws that apply to employees would have Read More
Read MoreNew Employment Laws for 2021
The new year brings new laws that will impact the workplace. We summarize the most important ones here: App-Based Workers: As a result of the passage of Proposition 22 in the November 2020 general election, drivers for Uber and Lyft and workers for other app-based companies are now eligible for a limited number of healthcare and Read More
Read MoreCOVID-19 Update for Employers
As we head through the holiday season in the midst of an upsurge of COVID-19 infections and the arrival of vaccines, employers have questions about how to deal with their employees. On December 16, 2020, the EEOC released guidance stating that employers may require employees to show proof of vaccination once vaccines become generally available. Read More
Read MoreCFRA Family Medical Leave Provisions Extended
Governor Newsom has signed SB 1383, which extends all the family and medical leave provisions of the California Family Rights Act (CFRA) to employers with five or more employees. As originally enacted in 1994, CFRA only applied to employers with 50 or more employees, like the federal Family and Medical Leave Act. Effective January 1, Read More
Read MoreExemptions Added to AB 5 Law
Attribution: Rafal Konieczny CC BY-SA AB 5, which became effective January 1, 2020, was intended to broaden the number of workers in California considered to be employees rather than independent contractors. It provides that any worker who provides labor or services for pay is considered an employee rather than an independent contractor unless the hiring entity Read More
Read MoreBlowing Up the Arbitration Process
Attribution: Alpha Stock Images – https://alphastockimages.com/ A recent article in The New York Times recounts how some companies that use arbitration clauses are facing an onslaught of arbitration claims, with the assistance of some entrepreneurs with a financial stake in the claims. Here’s a little bit more information about two of the individuals interviewed in Read More
Read MoreSettling Employee Still Has Standing To Maintain PAGA Claim
The California Supreme Court has told employers that settling an employee’s Labor Code claim does not prevent the employee form later pursuing a PAGA claim for the same violation. Kim v. Reins Int’l California, Inc., Case No. S246911 (Mar. 12, 2020). An employer who violates the Labor Code may be sued for damages and for civil Read More
Read MoreCDC Advice for Employers on Coronavirus
As the coronavirus spreads, many employers have questions about how to respond. The federal Centers for Disease Control and Prevention has the following advice: Actively encourage sick employees to stay home. Employees who appear to have acute respiratory illness symptoms (i.e. cough, shortness of breath) upon arrival to work or become sick during the day Read More
Read MoreCalifornia Supreme Court Tells Apple What “Hours Worked” Means
In response to a question from the United States Court of Appeals for the Ninth Circuit, the California Supreme Court has explained what the term “hours worked” means, as it is used in the California wage orders. The case involved a class action claim that Apple should pay its retail store employees for the time Read More
Read MoreTruckers Obtain TRO against AB5
The California Trucking Association has obtained a temporary restraining order against application of AB 5 to independent truckers. As explained in an earlier post, AB 5 would expressly incorporate the ABC test for employment (as articulated by the California Supreme Court in the Dynamex decision) into the Labor Code. United States District Judge Roger T. Benitez issued the TRO on December Read More
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