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
HR & Employment Law Blog
Better Together: Mentor Matchups as a Buffer for Employee Retention
As an employer, there is nothing more disheartening than finding the “perfect employee,” and then losing that employee and having to start the hiring process back at square one. Recently, Forbes contributor Robert Sher delved into this issue and put forth a solution: mentorship. By pairing new hires up with experienced colleagues – not just… Read More
How COVID-19 is Shaping the U.S. Workforce
A recent article by Howard Schneider and Jonnelle Marte, published by Reuters, takes a closer look at how the COVID-19 pandemic is changing the economy and workforce of the United States. Many of the changes we all assumed would be temporary have become indefinite or permanent, and that is having a noticeable impact. The authors… Read More
New Year, New Laws: Coming Soon to a Workplace Near You
The new year is right around the corner, and with it comes a host of new and amended laws for California employers. As we blogged about previously, numerous California employment laws changed in 2020 – COVID-19-related AB 685, AB 1867 and SB 1159, expansions to California’s Family Rights Act in SB 1383, new exemptions relating… Read More
Silent but Deadly? AB 1947 Packs a Punch for Retaliation Claims
With little public recognition in light of the ongoing pandemic-related legislation, Governor Newsom recently approved AB 1947 – legislation that will have significant impact on employers. AB 1947 amends two specific provisions of the Labor Code relating to employee retaliation claims – Section 98.7, which enables workers to file retaliation claims with the Labor Commissioner,… 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
Employees Who Are Victims of Crime or Abuse Get Additional Leave Rights
On September 28, 2020, Governor Gavin Newsom signed Assembly Bill (AB) 2992, which significantly expands the circumstances under which protected leave is available to California employees who are victims of crime or abuse. California law already requires all employers to grant protected leave (meaning the employer cannot discharge, discriminate against, or retaliate against an employee… 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
COVID-19 Provides A Chance to Hit the Reset Button on Everything, Including HR
The ongoing global pandemic has invaded nearly every aspect of our lives. Perhaps most notable is the way in which COVID-19 has reshaped the working world. No matter what your industry, chances are it looks starkly different now as compared to the pre-COVID era. Forbes contributor Susan Galer of SAP frames the transformation of the… Read More
