Employment Law Now VI-120 - Joint Employer Ping Pong
III-38- Part 2 on Employee Marijuana Use and Two Key NLRB Developments
This episode discusses the NLRB's proposed new September 2022 joint employer test in the context of the historical shifting political winds, and what it may mean for employers....more
Frlekin v. Apple, Inc., -- Cal. -- (2020) - Summary: The time employees spent on Apple’s premises waiting for and undergoing a mandatory exit search of personal belongings was compensable as “hours worked” under Wage...more
With more and more individuals taking on the so-called “side hustle” of driving for Uber or even entirely leaving the traditional 9 to 5 work life and opting to make the “gig economy” work as their full time occupation,...more
As a notorious trend-setter in the employment law realm, California ranks among the toughest in the nation when it comes to regulations imposed on employers that conduct business within the state. Accordingly, compliance with...more
What Is the “Gig Economy”? The “gig economy” is the catchall term for an ever-growing range of temporary, flexible, autonomous work arrangements that are often enabled by technology platforms, such as websites or apps that...more
FOR NEARLY 30 YEARS, California businesses have used the Borello test (so named after S.G. Borello & Sons, Inc. v. Department of Industrial Relations) to determine whether workers should be classified as employees or...more
On January 25, 2019, the National Labor Relations Board ruled in SuperShuttle DFW, Inc. that franchisees who operate shared-ride vans for SuperShuttle at the Dallas-Forth Worth airport are independent contractors and thus are...more
This episode presents Part 2 of 2 on workplace issues when employees use marijuana, and also discusses two significant developments from the NLRB involving independent contractors and individual employee gripes....more
The “ABC test” recently adopted by the California Supreme Court in the Dynamex Operations West, Inc. v. Superior Court case is now touted as the best way to make the distinction between an “exploited employee” and an...more
May the 4th has become known as Star Wars Day given the movie franchise’s most famous tag line. Today provides an opportunity for us to examine a recent employment law development of massive significance—a great disturbance...more
In what employers are sure to hope is just a temporary—but stinging—setback, the National Labor Relations Board today vacated its December ruling that had freed employers from having to deal with an unworkable and expansive...more
A continuing point of contention in employment law revolves around who is an employee versus who is an independent contractor. The issue seems to come up often in wage and hour cases and workers’ compensation or unemployment...more
Many companies engage staffing agencies to supply temporary, or even permanent, workers to support their operations. Such arrangements offer a variety of benefits, allowing employers to nimbly adjust the size of their...more