A few weeks ago, Vermont Senator Bernie Sanders announced a bill to implement a 32-hour workweek. While such a law is a long way from becoming a reality, it does raise interesting questions concerning exactly what a 32-hour...more
With its decision in Adolph v. Uber Technologies, Inc. (“Adolph”) the California Supreme Court has reignited the debate surrounding arbitration agreements containing waivers of an employee’s right to bring a representative...more
Seemingly with every passing day the California legislature adds more obligations (and opportunities for costly missteps) to California employers. This time we are discussing California Senate Bill 1162, dubbed California’s...more
10/26/2022
/ California ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
New Legislation ,
Pay Data ,
Pay Discrimination ,
Pay Transparency ,
State Labor Laws ,
Wage and Hour
On May 23, 2022, the California Supreme Court issued its highly anticipated ruling in Naranjo v. Spectrum Security Services and decided two critical questions: first, whether an employee is entitled to “waiting time...more
Assembly Bill 51 (“AB 51”) prohibits employers from requiring employees to execute arbitration agreements as a condition of employment. After being signed by California Governor Gavin Newson on October 10, 2019, AB 51 was set...more
From the California Supreme Court’s landmark decision in Dynamex to the passage of dozens of new employment laws, 2019 was an important year for California employers. While some of these new laws were discussed here, this...more
1/8/2020
/ ABC Test ,
Arbitration Agreements ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Labor Regulations ,
Lactation Accommodation ,
State Labor Laws ,
Wage and Hour
As 2019 comes to an end, employers should know about important new obligations that will ring in their new year. Our Labor & Employment experts offer some guidance on critical developments in Oregon, Washington, California,...more
12/20/2019
/ Arbitration Agreements ,
Employee Benefits ,
Employee Definition ,
FEHA ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Non-Compete Agreements ,
Paid Family Leave Law ,
Posting Requirements ,
Severance Agreements ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations ,
Unpaid Wages ,
Wage and Hour ,
Work Schedules
On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill (“AB”) 5, thereby codifying the California Supreme Court’s landmark decision in Dynamex Operations West, Inc. v. Lee. This represents the...more
9/24/2019
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Wage Orders
With its decision last year in Dynamex, the California Supreme Court fundamentally changed the test for determining whether workers are properly classified as either employees or independent contractors. Specifically, and as...more
6/7/2019
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Risk Assessment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On April 22, 2019, the California Senate voted unanimously to update California’s anti-discrimination laws to include within the definition of the term “race” “traits historically associated with race, including, but not...more
In Connor v. First Student, Inc., the California Supreme Court resolved a conflict in Court of Appeal decisions relating to the constitutionality of California’s background check laws....more
For almost 30 years, California courts have primarily used a subjective, multi-factor test in determining whether a worker was properly classified as an employee or independent contractor. In March of this year, the...more
In Dynamex Operations West, Inc. v. Lee, the California Supreme Court created a new employee-friendly test for determining whether workers are properly classified as employees or independent contractors. While providing a...more
5/2/2018
/ ABC Test ,
CA Supreme Court ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Wage and Hour