Seyfarth Synopsis: On January 17, 2023, the Tenth Circuit issued a decision in Norwood v. United Parcel Service . The Tenth Circuit affirmed the trial court’s decision in favor of United Parcel Service (“UPS”), holding that...more
Seyfarth Synopsis: In a unanimous decision, the California Supreme Court held that the worker friendly “ABC” test set forth by the Court in its 2018 landmark ruling, Dynamex Operations West, Inc. v. Superior Court, applies...more
Seyfarth Synopsis: In a unanimous decision, the California Supreme Court held that the worker friendly “ABC” test set forth by the Court in its 2018 landmark ruling, Dynamex Operations West, Inc. v. Superior Court, applies...more
Many independent contractors unable to work because of the COVID-19 pandemic could soon receive unprecedented relief from the U.S. Government as a result of the roughly $2 trillion coronavirus aid package that President Trump...more
Seyfarth Synopsis: California’s hotly contested and closely followed AB 5 independent contractor bill, which would extend the ABC test beyond Wage Order claims, just passed the California Senate, and now heads back to the...more
9/18/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Pending Legislation ,
Regulatory Agenda ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Background On AB 5 -
The California Senate passed a landmark bill, Assembly Bill 5 (“AB 5”), on the evening of September 10, 2019, which could impact businesses’ relationships with independent contractors. AB 5 now goes...more
9/12/2019
/ Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: On May 3, 2019, the California Department of Industrial Relations, Division of Labor Standards Enforcement (“DLSE”) issued an opinion letter regarding the applicability of the ABC test set forth in Dynamex...more
5/13/2019
/ ABC Test ,
CA Supreme Court ,
DLSE ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
Seyfarth Synopsis: Employers are starting to consider “on demand” pay for employees. Before considering whether to implement an “on demand” pay program, employers should consider laws on wage deduction and wage assignment as...more
June 7, 2018, when the city’s new Paid Sick Leave rules take effect, marks the latest chapter in the City by the Bay’s long history of imposing local employment standards that exceed state requirements. ...more
Seyfarth Synopsis: The West Coast is turning back to pay equity. Last year, California led the charge and became the first state to adopt a more onerous pay equity law. The East Coast then joined, with stringent pay laws...more
6/9/2017
/ Corporate Counsel ,
Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Local Ordinance ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
Sex Discrimination ,
Wage and Hour
Many companies doing business in California have had difficulty persuading California courts to enforce their arbitration agreements. Those courts often have used the doctrine of unconscionability to deny enforcement on the...more
Since New Jersey led the way in 1994, many states have enacted so-called Megan’s Laws, which establish public online registries of individuals who have been convicted of a sex-based offense. California’s version of Megan’s...more