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The U.S. Department of Labor yesterday announced a Proposed Rule on the test to determine whether a worker should be classified as an employee or an independent contractor under the Fair Labor Standards Act. The DOL will...more
The U.S. Supreme Court recently denied the California Trucking Association's (CTA) petition for certiorari related to a case involving federal preemption of California Assembly Bill 5 (AB-5), a law that changed the legal...more
The California Legislature passed and Governor Newsom signed several new or amended employment laws covering topics ranging from non-disparagement and separation agreements, the California Family Rights Act, and warehouse...more
On November 15, 2021, the Supreme Court of the United States issued an order concerning the California Trucking Association’s (CTA) challenge to California’s independent contractor law, Assembly Bill (AB) 5. The Supreme...more
In January of 2020, California enacted a new law that codifies a strict test for determining if workers are independent contractors or employees and thereby entitled to minimum wage, overtime, and various other benefits. ...more
To close out the 2021 legislative season, Governor Gavin Newsom signed dozens of bills into law, many of which directly affect California employers. In addition to the coverage in prior blog posts, which are linked below,...more
On Tuesday, March 9, 2021, the House of Representatives passed the Protecting the Right to Organize (PRO) Act.1 With the PRO Act, House and Senate Democrats seek to amend the National Labor Relations Act. Here, we outline a...more
Last November, California voters convincingly (almost 60% supporting) enacted Proposition 22. This Proposition was a well-funded effort that allows gig drivers working for companies like Uber, Lyft and Doordash to avoid the...more
AB 685: Labor Code §§ 6325, 6432 (amended, repealed, and added); id. § 6409.6 (added and repealed) As of January 1, 2021, employers must comply with certain notification and reporting requirements relating to potential...more
On January 14, 2021, the California Supreme Court held that the “ABC Test” for classifying workers as independent contractors applies retroactively. The high court first articulated this standard, which makes it tougher for...more
On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior...more
Since April 2018, when the California Supreme Court issued its Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018) decision, which radically changed the way in which courts differentiated between an...more
Employers have continued to feel the impact of the 2018 California Supreme Court decision in Dynamex Operations West Inc. v. Superior Court of Los Angeles County, 4 Cal.5th 903 (2018). Today, the California Supreme Court in...more
Note to Readers: In this two part-series, we will discuss major developments in California’s gig economy landscape this week. Part 1 discusses a lawsuit filed by Uber and Lyft drivers challenging the constitutionality of Prop...more
The California Legislature passed and Governor Newsom signed several new laws covering topics ranging from COVID-19 to leaves of absence to data reporting. Most of these laws take effect January 1, so now is a good time for...more
2020 has been an unprecedented year in many ways, but one thing that remains constant is the legislature's enactment of new laws that impact employers. Ranging from Covid-19 legislation to revisions to worker classification...more
With the New Year rapidly approaching, employers should prepare for the flurry of new California employment legislation. The recent legislation presents new compliance challenges and requirements for California employers,...more
On November 4, 2020, Uber, Lyft and Door Dash secured a victory in their expensive campaign to categorize app-based drivers as independent contractors. 55% of California voters voted in favor of Proposition 22, which means...more
Last week, California voters passed several ballot measures impacting businesses on both the state and local levels. Of note are California’s Proposition 22 – which considers app-based drivers for rideshare and delivery...more
On Election Day 2020, California voters approved Proposition 22 which allows some gig economy companies to continue to classify drivers as independent contractors. These app-based drivers also will be guaranteed minimum...more
California’s statute governing the classification of independent contractors, enacted under Assembly Bill (AB) 5, underwent a significant renovation on September 4, 2020, when Governor Gavin Newsom signed AB 2257. The...more
The COVID-19 pandemic resulted in the closure of the California Legislature for long stretches of time this year. The work of the body continued on, however, and at the end of the session it passed the usual flurry of labor...more
As business owners and members of the labor and employment law community know all too well, California’s AB 5 went into effect on January 1 of this year. The law imposed the “ABC test” for determining whether a worker should...more
As promised, Governor Newsom signed Assembly Bill 2257 which effectively rewrites Assembly Bill 5, the flawed law which sought to codify and clarify the California Supreme Court’s ruling in Dynamex Operations West, Inc. v....more
In the last two weeks, the California Legislature has enacted numerous bills relating to employer obligations in light of COVID-19. Five of these bills have already been signed into law by Governor Newsom. The remainder may...more