California employers face even more liability now for misclassifying workers as “independent contractors.” That’s because the California Supreme Court recently ruled in Vasquez v. Jan-Pro Franchising, Inc. that the test for determining whether a worker qualifies as an employee or independent contractor – known as the “ABC Test” and announced in the Court’s 2018 decision… Read More
Can employers mandate the vaccine? Yes. Should they? That is a different question.
Employers have had to navigate the ever-changing regulations and laws regarding employment during the COVID-19 pandemic. From ensuring safe workplaces, to complying with reporting regulations, to dealing with leaves of absence, employers have had to stay on top of COVID-19 regulations while continuing to run their businesses. Now, employers are facing yet another challenge –… Read More
California Approves Emergency COVID-19 Regulations
On December 1, 2020, the six-member board overseeing California’s Division of Occupational Safety and Health (“Cal-OSHA”) approved emergency COVID-19 safety regulations governing most employers and places of employment in California, with three exceptions: (1) places of employment with one employee who does not have contact with other persons; (2) employees working from home; and (3)… Read More
California’s New Bankruptcy Law (AB 1885) Impacts Employers and Employees
PAGA + COVID = More Business Closures and Bankruptcies As readers of this blog know, California’s unique and complex employment laws can, if violated, trigger an avalanche of back-due wages, penalties, liquidated damages, attorneys’ fees, and interest. As a result, well-counseled California employers – and particularly California small business employers – who get hit with… Read More
Under AB 685, Employers Have New COVID-19 Reporting Requirements
We recently blogged about SB 1159 here, which expanded protections for employees potentially exposed to COVID-19 in the workplace. On September 17, 2020, Governor Newsom also signed into law AB 685, which provides additional requirements for employers to report cases of COVID-19. AB 685 will not take effect until January 1, 2021; therefore, employers have… Read More
Governor Newsom Signs SB 1159 Extending Workers’ Compensation Benefits for Employees Who Contract COVID-19
In response to COVID-19, Governor Newsom issued Executive Order N-62-20 on May 6, 2020. That order created a “rebuttable presumption” that certain employees who suffer a COVID-19 related illness or injury would be presumed to have contracted the virus in the course and scope of employment for purposes of applying for and receiving workers’ compensation… Read More
Governor Newsom Signs AB 2257 Granting New and Expanded Exemptions to California’s Independent Contractor Law (AB 5)
As readers of this blog know, one year ago California’s Governor signed AB 5 into law, which mandated the “ABC Test” for determining whether a worker was an employee or an independent contractor. The signing of AB 5 into law was a watershed moment for California businesses and workers because the new “ABC Test” was… Read More
Quit When You’re Ahead – An Expensive Lesson for One California Employer
In case there was any doubt, the California Court of Appeal recently delivered an expensive reminder of its pro-employee stance. Timothy King, a former Regional President for U.S. Bank, was recently awarded $15.6 million in damages based on a jury’s finding that U.S. Bank defamed and wrongfully terminated him in order to avoid paying him… Read More
Note to Employers: Craft Your Arbitration Agreements Carefully
A recent Court of Appeal decision underscores the importance of reviewing severability provisions in arbitration agreements. In Kec V. Superior Court, Plaintiff Nichole Kec brought individual, class, and Private Attorneys General Act (“PAGA”) claims against her former employer, defendants R.J. Reynolds Tobacco Company and Reynolds American, Inc. (“Reynolds”), as well as three individual employees at… Read More
Supreme Court Bombshell: Title VII Protects LGBTQ Employees from Workplace Discrimination
On June 15, 2020, in Bostock v. Clayton County, the U.S. Supreme Court ruled in a 6-3 decision that Title VII of the Civil Rights Act of 1964 (“Title VII”) protects LGBTQ employees from workplace discrimination and assures LGBTQ employees of equal treatment in all “terms and conditions” of employment. Justice Neil Gorsuch, a Trump… Read More
