Over 370 bills were signed into law in California this year. With about as many new laws taking effect on January 1, 2021 – and everything else that has happened in 2020 – to say there is plenty to track would be an understatement. There are two particularly notable laws affecting our common interest development […]
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Monthly Archives: November 2020
California Legislative Alert: California Enacts AB 2257 ToModify Parts of the AB 5 Independent Contractor Classification Law
Those who are or use independent contractors (“IC”) know that effective January 1, 2020, Assembly Bill 5 (“AB 5”) codified the ABC Test for classifying ICs and expanded its application to all Labor Code claims, the Unemployment Insurance Code, and the Wage Orders of the Industrial Welfare Commission. See, e.g., Cal. Lab. Code § 2750.3 […]
Read More >Federal District Court Reverses DOL’s “Final Rule” on Vertical Joint Employment By Reverting to FLSA Economic-Realities Test
On September 8, 2020, in a case entitled State of New York et al. v. Scalia etal. (Case No. 1:20 cv-01689-GHW), the U.S. District Court for the Southern District of New York rejected the U.S. Department of Labor’s (“DOL”) “final rule” (the “Rule”) concerning vertical joint employment under the Fair Labor Standards Act (“FLSA”). Here […]
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